2007 Oregon Code - Chapter 411 :: Chapter 411 - Adult and Family Services - Public Assistance
Chapter 411
Adult and Family Services; Public Assistance
2007 EDITION
ADULT & FAMILY SERVICES; PUBLIC
ASSISTANCE
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
GENERAL PROVISIONS
411.010 Definitions
411.060 State
agency for public assistance; rules
411.062 When
bilingual services required
411.070 Statewide
standards for public assistance; rules
411.095 Notice;
hearings; rules
411.097 Content
of certain notices of termination
411.099 Assessment
for service eligibility
411.101 Notification
procedures and standards for communications; rules
411.105 Application
required; declaration of eligibility; report on change in circumstance;
recovery of assistance and costs of representation
411.111 Reconsideration
of grants of assistance
411.116 Rules,
contracts and intergovernmental agreements for providing social services to
individuals
411.117 Requirements
when applicants or recipients victims of domestic violence; identification
411.118 Report
to Legislative Assembly
411.119 Prohibition
against denial of assistance based on drug conviction; exception
411.120 Authorized
expenditures for public assistance
411.121 Local
district pilot projects; rules
411.122 Department
to make dependent care payments directly to providers
411.125 Family
Services Review Commission; appointment; duties
411.130 Quarterly
allocation of funds for each category of public assistance
411.135 Cooperation
with federal government in research and training personnel
411.137 Contributions
by state and counties for medical assistance demonstration projects under ORS
411.135
411.145 County
public welfare boards; appointment; term; expenses; termination
411.155 Duties
of county public welfare boards
411.220 Deposit
of funds received for public assistance purposes; appropriation thereof
411.230 Payment
of claims; rules
411.240 Public
Welfare Account
411.242 Advancements
from Public Welfare Account to meet claims payable from federal funds
411.245 Revolving
fund
411.300 Rules
and regulations concerning use and custody of records
411.320 Disclosure
and use of public assistance records limited; contents as privileged
communication; exceptions
411.335 Prohibited
use of lists or names
411.375 Public
assistance investigations; power to subpoena, administer oaths, take
depositions and fix witness fees
411.380 Petition
for enforcement of subpoena issued under ORS 411.375
411.385 Court
order to show cause issued upon filing of petition for enforcement of subpoena
411.390 Court
may compel appearance of witness before petitioner
411.575 Acceptance
of gifts and grants for scholarships
411.580 Scholarships
and grants for recipients
411.590 Housekeeper,
homemaker or home care worker in residence of public assistance recipient not
state employee; exception
411.595 Procedure
where waiver of federal requirement involves policy change
411.598 Payment
of monthly premium payments by recipients of medical assistance; rules
411.600 Exemption
from payment of monthly premium payments for certain recipients of medical
assistance; rules
MISCELLANEOUS PROVISIONS RELATING TO PUBLIC
ASSISTANCE
411.610 Indorsement
by others of public assistance checks or warrants payable to deceased
recipient; disposition of proceeds
411.620 Recovery
of public assistance obtained or disposed of unlawfully
411.630 Unlawfully
obtaining public assistance
411.632 Relief
where assets transferred, removed or secreted
411.635 Recovery
of improperly disbursed public assistance
411.640 Unlawfully
receiving public assistance
411.650 Statement
required to obtain public assistance
411.660 Modification,
cancellation or suspension of public assistance
411.670 Definitions
for ORS 411.670, 411.675 and 411.690
411.675 Submitting
wrongful claim or payment prohibited
411.690 Liability
of person wrongfully receiving payment; amount of recovery; rules
411.692 Definition
for ORS 93.268 and 411.694
411.694 Department
of Human Services request for notice of transfer or encumbrance of real
property; rules
411.700 Income
and resources that may be disregarded in determining eligibility; presentation
of fiscal analysis to Emergency Board
411.703 Issuance
of warrants for overpayment of public assistance
411.704 Definitions
for ORS 411.120, 411.706 and 411.708
411.706
411.708 Recovery
of assistance from certain estates; exceptions; certain transfers of property
voidable
GENERAL ASSISTANCE
411.710 Basis
for granting general assistance
411.720 Residence
required of applicants for general assistance
411.730 Application
for general assistance; determination of eligibility and amount of grant
411.740 General
assistance administration
411.750 Cooperation
with federal government in providing general assistance
411.760 Assistance
grants are inalienable
411.790 Assistance
to certain persons receiving employment income
411.795 Claim
against estate of deceased recipient
SPOUSAL CARE
411.802 Compensation
for in-home care by spouse
411.803 When
spouse may be compensated for in-home care
FOOD STAMP BENEFITS
411.806 Definitions
for ORS 411.806 to 411.845
411.811 Distribution
by tribal councils; duties of department with respect to food distribution
programs; rules
411.816 Rules
for eligibility and benefit level
411.818 Disregard
of cost-of-living adjustment; rules
411.825 Food
stamp plan
411.827 Appropriation
of sums received from federal government
411.830 Payment
of losses from plan
411.835 Residence
requirement
411.837 Compliance
with state and federal laws required
411.840 Unlawfully
obtaining or disposing of food stamp benefits
411.845 Prosecution;
costs; accounting
COMMUNITY WORK AND TRAINING PROGRAMS
411.855 Definitions
for ORS 411.855 to 411.870
411.860 Work
relief programs authorized for general assistance applicants or recipients
411.865 Denial
of general assistance to applicants or recipients; causes
411.870 Approval
of programs; rules
411.875 Status
of applicants, recipients, beneficiaries and trainees under community work and
training program; workers compensation coverage
JOBS PLUS PROGRAM
411.877 Definitions
for program
411.878 Intent;
state program creation; rules
411.880 Exemptions
and waivers from federal law to be obtained
411.882 Maximizing
use of federal grants and apportionments
411.884 Application
of program
411.886 JOBS
Plus Advisory Board; duties; membership
411.888 Vacancies
on board; chairperson; meetings
411.889 Contracting
with private institutions
411.890 JOBS
Plus Implementation Council; duties; membership
411.892 Employer
eligibility; job requirements; program participant eligibility; termination of
participation; job assignment; exemptions; wages; reimbursement of employers
411.894 Oregon
JOBS Individual Education Account; employer contribution; participant access;
administered by Oregon Student Assistance Commission
411.896 Annual
report on program
DISPLACED HOMEMAKERS
411.900 Definitions
for ORS 411.900 to 411.910
411.905 Programs
for displaced homemakers; scope of activities
411.910 Contracts
with public and private agencies to carry out programs
PUBLIC ASSISTANCE ACCESSIBILITY PROGRAM
411.965 Policy
on program accessibility
411.967 Forms
and notices to be in plain language
411.969 Informational
materials for applicants
411.972 Receipts
for documents supplied by applicants and recipients
411.975 Time
for issuance of recipient checks; effect of delay
411.977 Treatment
of applicants and recipients; grievance procedure
PENALTIES
411.990 Penalties
GENERAL PROVISIONS
411.010
Definitions. As used in this
chapter and in other statutes providing for assistance and services to needy
persons, unless the context or a specially applicable statutory definition
requires otherwise:
(1) Department means the Department of
Human Services.
(2) General assistance means assistance
or service of any character provided to needy persons not otherwise provided
for to the extent of such need and the availability of funds, including
medical, surgical and hospital or other remedial care.
(3) Public assistance means the
following types of assistance:
(a) Temporary assistance for needy
families granted under ORS 412.001 to 412.069 and 418.647;
(b) General assistance granted under ORS
411.710 to 411.730;
(c) Medical assistance;
(d) Assistance provided by the
(e) General assistance other than general
assistance granted under ORS 411.710 to 411.730; and
(f) Any other functions that may be
delegated to the Director of Human Services by or in accordance with federal
and state laws. [Amended by 1961 c.620 §1; 1963 c.599 §1; 1965 c.556 §15; 1969
c.597 §228; 1971 c.779 §7; 1973 c.464 §1; 1997 c.581 §4; 2005 c.381 §4]
411.040 [1969 c.597 §227; 1983 c.740 §140; 1999 c.59
§106; repealed by 2001 c.900 §261]
411.050 [Amended by 1969 c.314 §34; repealed by 1969
c.597 §281]
411.060
State agency for public assistance; rules. Subject to ORS 417.300 and 417.305, the Department of Human Services
shall:
(1) Administer and supervise all public
assistance programs;
(2) Determine eligibility for all public
assistance programs; and
(3) Adopt and enforce rules necessary to
ensure full compliance with federal and state laws relating to public
assistance programs. [Amended by 1969 c.597 §229; 1971 c.319 §8; subsection (2)
enacted as 1971 c.779 §72; 1977 c.267 §17; 1989 c.834 §15; 2003 c.14 §178; 2005
c.381 §5]
411.062
When bilingual services required. (1) When the caseload of a Department of Human Services local office
consists of 35 or more non-English-speaking households which share the same
language, the department shall provide at that local office written materials
in that language and access to a bilingual assistance worker or caseworker
fluent in both that language and English.
(2) As used in this section:
(a) A non-English-speaking household is
a household that does not have an adult member who is fluent in English.
(b) Written materials includes all
forms, notices and other documents which the Department of Human Services
provides to any English-speaking client for the establishment, maintenance and
explanation of eligibility for public assistance.
(3) The Personnel Division of the Oregon
Department of Administrative Services shall recruit qualified individuals and
shall maintain lists of such individuals for purposes of meeting the
requirements of this section. [1979 c.834 §2; 2001 c.900 §218]
Note: 411.062 was added to and made a part of ORS
chapter 411 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
411.064 [1979 c.834 §3; repealed by 2001 c.900 §261]
411.070
Statewide standards for public assistance; rules. 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 in the job opportunity and basic skills program
described in ORS 412.006. [Amended by 1955 c.613 §1; 1969 c.597 §229a; 1971
c.779 §8; 1987 c.447 §129; 1991 c.122 §9; 1993 c.18 §99; 1999 c.1093 §15; 2001
c.900 §219; 2003 c.567 §3; 2007 c.861 §13]
411.080 [Amended by 1969 c.597 §230; repealed by
1971 c.319 §11]
411.090 [Amended by 1969 c.597 §231; repealed by
2001 c.900 §261]
411.095
Notice; hearings; rules. (1)
Except as provided in subsection (2) of this section, when the Department of
Human Services changes a benefit standard that results in the reduction,
suspension or closure of a grant of general assistance or a grant of public
assistance, the department shall mail a notice of intended action to each
recipient affected by the change at least 30 days before the effective date of
the action.
(2) If the department has fewer than 60
days before the effective date to implement a proposed change described in
subsection (1) of this section, the department shall mail a notice of intended
action to each recipient affected by the change as soon as practicable but at
least 10 working days before the effective date of the action.
(3) When the department conducts a hearing
pursuant to ORS 416.310 to 416.340 and 416.510 to 416.830 and 416.990 or when
the department proposes to deny, reduce, suspend or terminate a grant of
general assistance, a grant of public assistance or a support service payment
used to support participation in the job opportunity and basic skills program,
the department shall provide an opportunity for a hearing under ORS chapter
183.
(4) When emergency assistance or the
continuation of assistance pending a hearing on the reduction, suspension or
termination of public assistance or a support service payment used to support
participation in the job opportunity and basic skills program is denied, and
the applicant for or recipient of public assistance or a support service
payment requests a hearing on the denial, an expedited hearing on the denial
shall be held within five working days after the request. A written decision
shall be issued within three working days after the hearing is held.
(5) For purposes of this section, a
reduction or termination of services resulting from an assessment for service
eligibility as defined in ORS 411.099 is a grant of public assistance.
(6) Adoption of rules, conduct of hearings
and issuance of orders and judicial review of rules and orders shall be in
accordance with ORS chapter 183. [1971 c.734 §41; 1987 c.3 §9; 2001 c.900 §247;
2003 c.243 §1; 2003 c.567 §1; 2005 c.414 §1]
411.097
Content of certain notices of termination. When the Department of Human Services terminates a grant of public
assistance due to the ineligibility of a recipient or the termination of a
public assistance program, the department shall include in the notice of
termination a statement indicating that if circumstances affecting the
eligibility of the recipient change, the recipient may contact the department
and reapply for public assistance. [2005 c.692 §2]
Note: 411.097 was added to and made a part of ORS
chapter 411 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
411.099
Assessment for service eligibility. (1) As used in this section:
(a) Activities of daily living has the
meaning given that term in ORS 410.600.
(b) Assessment for service eligibility
means a process of evaluating the functional impairment levels of an individual
and an individuals requirements for assistance in performing activities of
daily living.
(2)(a) No fewer than 14 days prior to
conducting a reassessment for service eligibility, the Department of Human
Services shall mail a notice of the assessment process to the individual to be
assessed. The notice shall include a description and explanation of the
assessment process, an explanation of the process for appealing the results of
the assessment and a description of the rights described in paragraph (b) of
this subsection.
(b) The individual being assessed has the
right to set the date, time and place of the assessment at a location that is
convenient for the individual and to invite other persons to participate in the
assessment.
(3) If the assessment for service eligibility
results in a reduction or termination of services, the individual is entitled
to an expedited hearing under ORS 411.095 (4). [2005 c.414 §2]
Note: 411.099 and 411.101 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
411 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
411.100 [Repealed by 1971 c.779 §78]
411.101
Notification procedures and standards for communications; rules. No later than July 1, 2006, the Department
of Human Services shall adopt rules establishing notification procedures
regarding reassessments for service eligibility and standards for
communications between an individual being assessed, and caregivers and family of
the individual being assessed, and the case managers who are responsible for
implementing the notification procedures. [2005 c.414 §4]
Note: See note under 411.099.
411.105
Application required; declaration of eligibility; report on change in circumstance;
recovery of assistance and costs of representation. (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 applicants 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 and the
recipients portion of the aid described in ORS 412.014 (3) that has been paid
to any recipient 18 years of age or older, and for the costs incurred by the
department to provide representation to the recipient under ORS 412.014 (2),
when the 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 aid received under ORS 412.014 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. [1969
c.68 §3; 1975 c.178 §1; 1977 c.194 §1; 2005 c.381 §6; 2007 c.861 §9]
411.110 [Repealed by 1969 c.68 §1 (411.111 enacted
in lieu of 411.110)]
411.111
Reconsideration of grants of assistance. (1) The Department of Human Services may reconsider a grant of general
assistance or a grant of public assistance only for the following purposes:
(a) To correct an inadvertent clerical or
mathematical error made when determining a grant of general assistance or a
grant of public assistance;
(b) To correct misinformation provided to
an applicant or recipient by the department;
(c) To consider facts not previously known
to the department;
(d) To correct errors caused by a
misapplication of the law by the department;
(e) To consider substantive changes in the
applicable law; or
(f) To consider a change in circumstances
that directly affects the eligibility of a recipient of general assistance or
public assistance.
(2) A recipient of general assistance or
public assistance may request reconsideration of a grant of general assistance
or a grant of public assistance for the purposes described in subsection (1) of
this section.
(3) If the department reduces, suspends or
terminates a grant of general assistance or a grant of public assistance after
reconsideration under subsection (1) of this section, the department shall
provide an opportunity for a hearing under ORS chapter 183.
(4) Notwithstanding subsection (1) of this
section, the department may conduct periodic redeterminations of eligibility of
recipients of grants of general assistance or grants of public assistance and
participate in audits and other review activities as required by state or
federal law. [1969 c.68 §2 (enacted in lieu of 411.110); 2005 c.381 §29]
411.113 [1971 c.779 §73; 2001 c.900 §86; repealed by
2005 c.381 §30]
411.114 [1973 c.651 §2; repealed by 2005 c.381 §30]
411.115 [1957 c.572 §1; 1961 c.620 §2; 1965 c.556 §16;
1971 c.779 §9; repealed by 1975 c.180 §1 (411.116 enacted in lieu of 411.115)]
411.116
Rules, contracts and intergovernmental agreements for providing social services
to individuals. In addition
to its other powers, the Department of Human Services may adopt rules and enter
into contracts and intergovernmental agreements, subject to availability of
funds therefor and consistent with federal and state law and regulations, for
the purpose of providing social services, including protection, job preparation
and support services, reduction of unintended pregnancy and provision of
information and referrals for community, medical and social resources, to those
individuals in need of, or who request such services. [1975 c.180 §2 (enacted
in lieu of 411.115); 1997 c.581 §5]
411.117
Requirements when applicants or recipients victims of domestic violence;
identification. (1) The
Department of Human Services shall:
(a) Identify applicants for and recipients
of assistance under the temporary assistance to needy families program who are
currently victims of domestic violence, have been victims of domestic violence
or are at risk of victimization by domestic violence.
(b) Ensure that appropriate individuals on
the local level who provide assistance to domestic violence victims participate
in individualized case management with the department.
(c) Refer individuals identified under
this subsection to appropriate counseling and support services.
(d) Waive or modify any temporary
assistance to needy families program requirements that may make it more
difficult for individuals identified under this subsection to escape domestic
violence or place those individuals at risk of further or future domestic
violence, including but not limited to:
(A) Time limits on receipt of benefits;
(B) Work requirements;
(C) Paternity establishment and child
support cooperation requirements;
(D) Residency requirements;
(E) Family cap provisions; and
(F) Penalties for failure to comply with a
program requirement.
(e) Maintain emergency assistance
eligibility and payment limits for victims of domestic violence or persons at
risk of victimization by domestic violence identified under this section at no
less than the levels in effect on January 1, 1997.
(f) Allow eligibility for temporary
assistance to needy families for persons identified under this section as
victims of domestic violence or persons identified as at risk of victimization
by domestic violence who would otherwise be eligible except for the fact that
they are noncitizens.
(2) All information received by the
department in identifying the individuals described in subsection (1) of this
section shall remain confidential.
(3) For purposes of this section, domestic
violence means the occurrence of one or more of the following acts between
family members, intimate partners or household members:
(a) Attempting to cause or intentionally,
knowingly or recklessly causing physical injury or emotional, mental or verbal
abuse;
(b) Intentionally, knowingly or recklessly
placing another in fear of imminent serious physical injury;
(c) Committing sexual abuse in any degree
as defined in ORS 163.415, 163.425 and 163.427; or
(d) Using coercive or controlling
behavior. [1997 c.330 §2]
411.118
Report to Legislative Assembly.
The Department of Human Services shall report to each session of the
Legislative Assembly on the status and efficacy of:
(1) The domestic violence identification
process under ORS 411.117;
(2) Emergency assistance utilization for
victims of domestic violence; and
(3) Domestic violence training for
department staff, information sharing and evaluation. [1997 c.330 §3]
411.119
Prohibition against denial of assistance based on drug conviction; exception. (1) Except as provided in subsection (2) of
this section, a person who is otherwise eligible to receive public assistance,
including food stamp benefits, may not be denied assistance because the person
has been convicted of a drug-related felony.
(2) The Department of Human Services may
suspend a persons food stamp benefits if:
(a) The person has been convicted of the
manufacture or delivery of a controlled substance under ORS 475.840 (1)(a) to
(c); and
(b) The person is on probation, parole or
post-prison supervision and the agency supervising the person makes a
recommendation to the department, pursuant to subsection (3) of this section,
that the department suspend the persons food stamp benefits.
(3) When making a recommendation to the
department regarding the continuation or suspension of a persons food stamp
benefits, a supervising authority shall consider, at a minimum, whether there
is reason to believe:
(a) That the person traded the persons
food stamp benefits for controlled substances; and
(b) That, as a result of the trading, a
member of the persons household who is a dependent of the person did not
receive the food stamp benefits for which the member is eligible.
(4) The department shall reinstate the
food stamp benefits of a person whose benefits were suspended under subsection
(2) of this section if the department receives a recommendation from the
supervising authority to reinstate the benefits pursuant to subsection (5) of
this section.
(5) When making a recommendation to the
department regarding the reinstatement of food stamp benefits, the supervising
authority shall consider, at a minimum, the following:
(a) Whether members of the persons
household are also receiving food stamp benefits; and
(b) Whether the person is enrolled in and
successfully participating in a rehabilitation program. [1997 c.581 §46; 2005
c.706 §22]
411.120
Authorized expenditures for public assistance. The Department of Human Services may,
subject to the allotment system provided for in ORS 291.234 to 291.260, expend
such sums as are required to be expended in this state to provide public
assistance excluding medical assistance. Expenditures for public assistance
include, but are not limited to, expenditures for the following purposes:
(1) General assistance to needy persons
and their dependents.
(2) Temporary assistance for needy
families granted under ORS 412.001 to 412.069 and 418.647, including services
to relatives with whom dependent children applying for or receiving temporary assistance
for needy families are living in order to help such relatives attain the
maximum self-support or self-care consistent with the maintenance of continuing
parental care and protection or in order to maintain and strengthen family life
for such children.
(3) Assistance provided by the
(4) General assistance granted under ORS
411.710 to 411.730.
(5) Carrying out the provisions of law for
child welfare purposes.
(6) Scholarships or grants for qualified
recipients to provide them education and professional, technical or other
helpful training, payable to a publicly supported career school or educational
institution on behalf of the recipient.
(7) Other purposes for which the
department is authorized to expend funds, including the administration expenses
of the department.
(8) Carrying out the provisions of ORS
411.116. [Amended by 1957 c.648 §1; 1961 c.600 §4; 1961 c.620 §3; 1965 c.556 §17;
1967 c.588 §3; 1969 c.123 §1; 1969 c.203 §1; 1971 c.779 §10; 1991 c.66 §1; 1995
c.343 §41; 1997 c.581 §6; 2005 c.381 §7]
411.121
Local district pilot projects; rules. (1) Notwithstanding ORS 411.070, the Department of Human Services is
authorized to establish and implement local district pilot projects that
promote the improvement of work skills, education and employability by offering
client incentives that reward significant progress leading toward
self-sufficiency. Client incentives offered under this section shall not exceed
the equivalent of one months temporary assistance for needy families grant in
any 12-month period. No applicant or recipient participating in a pilot program
shall be disadvantaged by such participation.
(2) The department shall monitor the
results of any approved pilot projects to determine the types of client
incentives that result in positive client performance. Within the limit of
existing funds, the department may implement statewide those client incentives
that prove to be cost-effective. The department shall solicit input from
clients and client advocates prior to such statewide implementation.
(3) The department shall adopt all rules
necessary to implement and administer the provisions of this section. [1997
c.581 §47]
411.122
Department to make dependent care payments directly to providers. The Department of Human Services shall
provide dependent care payments directly to dependent care providers for
eligible families. [1989 c.1047 §1; 1995 c.278 §47]
Note: 411.122 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 411 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
411.125
Family Services Review Commission; appointment; duties. (1) There is established the Family Services
Review Commission consisting of 16 members. The members shall be appointed by
the Governor for a term of four years. In making the appointments, the Governor
shall consider representatives of county public welfare boards, as well as
representatives from all of the congressional districts. Four members shall be
recipients or former recipients of cash or self-sufficiency-related services
from the Department of Human Services. Four members shall be representatives of
business and professional interests. Four members shall be public welfare
policy specialists. Four members shall be advocates of public welfare from the
state agencies or public or private organizations interested in public welfare.
The commission shall receive compensation and expenses as provided in ORS 292.495.
(2) The commission shall advise and
consult with the Director of Human Services in carrying out the functions of
the department relating to programs and services to persons who, as a result of
the persons or the persons familys economic, social or health condition,
require medical assistance, financial assistance, institutional care,
rehabilitation, vocational rehabilitation or other social or health services.
The commission shall, through its chairperson, have access to information
regarding persons receiving assistance and other relevant information about
self-sufficiency programs of the department. [1969 c.597 §228b; 1971 c.779 §71;
1981 c.545 §8; 1991 c.10 §1; 1999 c.422 §1; 2001 c.900 §87]
411.130
Quarterly allocation of funds for each category of public assistance. The Department of Human Services, taking
into consideration the total amount of funds available for public assistance in
Oregon during the biennial period beginning July 1 of each odd-numbered year,
the estimated number of beneficiaries in each category thereof, current and
estimated costs of essential needs to maintain a standard of living during such
period compatible with decency and health and such other matters as it may deem
pertinent, shall estimate and allocate the funds available for each category of
public assistance on a monthly basis subject to the quarterly revisions.
Changes in such allocations, if any, shall be uniform and, as nearly as
practicable and considering the above factors, proportionately equal in each such
category. The monthly amounts so found estimated and allocated shall be deemed
to be the funds available for each category for public assistance in
411.135
Cooperation with federal government in research and training personnel. In addition to its other powers, the
Department of Human Services may:
(1) Enter into agreements with, join with
or accept grants from, the federal government for cooperative research and
demonstration projects for public welfare purposes, including, but not limited
to, any project which:
(a) Relates to the prevention and
reduction of dependency.
(b) Aids in effecting coordination of
planning between private and public welfare agencies of the state.
(c) Improves the administration and
effectiveness of programs carried on or assisted by the department.
(2) With the cooperation and the financial
assistance of the federal government, train personnel employed or preparing for
employment in the department. The training may be carried out in any manner,
including but not limited to:
(a) Directly by the department.
(b) Indirectly through grants to public or
other nonprofit institutions of learning or through grants of fellowships.
(c) Any other manner for which federal aid
in support of the training is available.
(3) Subject to the allotment system
provided for in ORS 291.234 to 291.260, expend the sums required to be expended
for the programs and projects described in subsections (1) and (2) of this
section. [1957 c.569 §1; 1961 c.600 §5; 1969 c.597 §232; 1971 c.779 §11; 1975
c.509 §1; 1991 c.66 §2]
411.137
Contributions by state and counties for medical assistance demonstration projects
under ORS 411.135. Exclusive
of all sums of money contributed by the federal government for medical
assistance and administration under ORS 414.033 (2) the State of Oregon shall
contribute 40 percentum and the several counties of the state in which
demonstration projects are operating shall each contribute 60 percentum of all
sums, including administrative costs, required to be expended for such purposes
in and for such respective counties. [1975 c.509 §8; 1991 c.66 §3]
411.140 [Amended by 1961 c.517 §1; repealed by 1971
c.779 §78]
411.145
County public welfare boards; appointment; term; expenses; termination. (1) A county public welfare board of not
fewer than five nor more than seven members may be created within each county.
The members shall be appointed by the governing body of the county, on the
basis of recognized interest in and knowledge of the field of public
assistance. Members of the governing body may be appointed to the board.
(2) Members shall be appointed for a term
of four years. Before the expiration of the term of a member of the county
public welfare board, the governing body shall appoint the successor of the
member to assume the duties of the member on July 1 next following. In case of
a vacancy for any cause, the governing body shall make an appointment to be
immediately effective for the unexpired term. Any member of the county public
welfare board may be removed by the governing body at any time for cause. The
governing body shall name the chairperson of the county public welfare board.
(3) Members appointed shall receive no
compensation for their services but shall be allowed the actual and necessary
expenses incurred by them in attending any meeting of the Department of Human
Services when such attendance is authorized by the Director of Human Services.
The expenses authorized pursuant to this subsection shall be paid by the
department out of the Public Welfare Account.
(4) The governing body of the county may
abolish the county public welfare board upon 60 days notice. On the effective
date stated in the notice, the county public welfare board shall be abolished
and the tenure of office of members shall cease.
(5) Until the notice required in
subsection (4) of this section is given, any county public welfare board in
existence on November 4, 1993, shall continue and shall perform its duties
under ORS 411.155. [1971 c.779 §69; 1993 c.88 §§1,2; 2001 c.900 §88]
411.150 [Repealed by 1971 c.779 §78]
411.155
Duties of county public welfare boards. The county public welfare board shall:
(1) Receive information and complaints
from local citizens and may at its discretion transmit such complaints to the
Department of Human Services on matters relating to public assistance programs.
The department shall, if requested, investigate and report on its findings
pursuant to any complaint presented to it by a county public welfare board.
(2) Evaluate the effectiveness of public
welfare programs in relation to local needs, determine the need and develop
locally sponsored programs to augment public welfare programs, interpret public
welfare programs and inform the public.
(3) Confer with local welfare offices on
selection of special local programs, budget, eligibility for assistance, and
other matters which will assist local offices in effectively serving local
needs.
(4) Recommend changes, if any are needed,
in the program or delivery of services to improve the departments response to
local problems. [1971 c.779 §70]
411.160 [Amended by 1967 c.454 §46; 1967 c.561 §3;
1967 s.s. c.12 §1; repealed by 1969 c.45 §10]
411.170 [Amended by 1963 c.143 §1; repealed by 1969
c.45 §11]
411.180 [Amended by 1963 c.143 §2; repealed by 1969
c.45 §11]
411.190 [Amended by 1955 c.443 §1; 1961 c.657 §1;
1967 c.240 §1; repealed by 1969 c.45 §11]
411.200 [Repealed by 1969 c.45 §10]
411.210 [Amended by 1967 c.240 §2; repealed by 1969
c.45 §10]
411.220
Deposit of funds received for public assistance purposes; appropriation
thereof. (1) The Department
of Human Services shall deposit in the State Treasury to the credit of the
General Fund all the amounts received by it from the United States Government
or its agencies or from any other source for public assistance purposes. All
such funds, together with any remaining balances of funds received for the
purposes of public assistance of any type, hereby are appropriated for
expenditure by the department for the type of public assistance for which such
funds were granted to or received by the state or appropriated by the state, as
the case may be.
(2) All moneys received from refunds,
cancellations or recoveries resulting from public assistance payments made from
state funds, as differentiated from federal or county funds, shall be paid into
the State Treasury and credited to the Public Welfare Account and hereby are
appropriated for expenditure by the department for public assistance purposes. [Subsections
(2) and (3) enacted as 1953 c.458 §§2,4; 1961 c.600 §6; 1961 c.620 §4; 1969
c.45 §1; 1969 c.203 §2]
411.222 [1955 c.380 §§1,3; repealed by 1957 c.531 §3]
411.230
Payment of claims; rules.
Warrants shall be drawn by the Oregon Department of Administrative Services in
favor of the Department of Human Services for the aggregate amounts of public
assistance or refunds to counties duly certified by the department to be due to
any person or county in such amount as may be set forth in such certification.
The department shall cause to be deposited all such warrants in payment of
public assistance or refunds to counties in the State Treasury in a suspense
checking account for distribution to those entitled thereto and may draw its
checks on the State Treasury in favor of the persons, firms, corporations,
associations or counties entitled thereto under such rules as it shall
promulgate so as to include in single combined payments for specified periods
all moneys allotted to particular payees from various sources for said period. [Amended
by 1967 c.454 §47; 1971 c.80 §5]
411.240
Public Welfare Account. (1)
There hereby is established in the General Fund of the State Treasury an
account to be known as the Public Welfare Account. All moneys in the Public
Welfare Account hereby are appropriated for and shall be used by the Department
of Human Services for the respective purposes authorized by law. The moneys in
the Public Welfare Account and all appropriations from the account shall be
subject to allotment made by the Oregon Department of Administrative Services.
(2) The Department of Human Services shall
keep a record of all moneys credited to and deposited in the Public Welfare
Account. The record shall indicate by separate cumulative accounts the source
from which the moneys are derived and the individual activity or program
against which each withdrawal is charged.
(3) The unobligated balance in the Public
Welfare Account on June 30 of each odd-numbered year shall be determined by the
Department of Human Services as of September 30 following the close of each
biennium and certified to the Oregon Department of Administrative Services. The
amount certified pursuant to this subsection shall revert to the General Fund
and become available for general governmental purposes. [Amended by 1961 c.600 §7;
1963 c.537 §4; 1965 c.440 §3; 1967 c.454 §107; 2003 c.14 §179]
411.242
Advancements from Public Welfare Account to meet claims payable from federal
funds. Pending receipt by
the State Treasurer of federal funds for the payment of public assistance, the
moneys in the Public Welfare Account appropriated for expenditure by the
Department of Human Services for public assistance purposes shall be expended
to the extent necessary to meet claims for public assistance which otherwise
would be paid from such federal funds. Upon notice that such federal funds have
been received by the State Treasurer, the department shall prepare a claim
against such funds for the amount advanced from the Public Welfare Account for
the purposes of this section and a warrant may be drawn by the Oregon
Department of Administrative Services in favor of the State Treasurer in
payment of such claim, for credit to and reimbursement of the Public Welfare
Account. [1953 c.410 §1; 1961 c.600 §8; 1967 c.454 §48; 1971 c.80 §6]
411.245
Revolving fund. The
revolving fund in the amount of $50,000 established by warrant drawn on the
State Treasurer by the Oregon Department of Administrative Services payable out
of the Public Welfare Account in favor of the Department of Human Services is
continued. The revolving fund shall be used by the Department of Human Services
for the purpose of providing funds to pay current salaries and expenses,
emergency public assistance advances and other expenses when it is necessary to
make immediate cash payments. The revolving fund shall be deposited with the
State Treasurer. For the purpose of providing working cash balances for
emergency public assistance advances and other expenses when it is necessary to
make immediate cash payments, the Department of Human Services may withdraw
from the State Treasury portions of the fund to be used by designated
custodians for the purposes authorized by this section. The designated
custodians may hold the funds or may deposit the funds in any bank authorized
as a depository of state funds, or may hold part and deposit the remainder. The
revolving fund shall be reimbursed by warrants drawn by the Oregon Department
of Administrative Services upon the verified claims of the Department of Human
Services and warrants payable out of the Public Welfare Account. [1953 c.460 §1;
1967 c.71 §1; 1967 c.454 §49; 1971 c.80 §7; 1971 c.779 §12; 2003 c.14 §180]
411.250 [Repealed by 1983 c.537 §7]
411.260 [Amended by 1957 c.570 §1; 1969 c.597 §236;
1971 c.779 §13; repealed by 2001 c.900 §261]
411.270 [Amended by 1957 c.570 §2; 1969 c.597 §237;
1971 c.779 §14; repealed by 2001 c.900 §261]
411.280 [Amended by 1969 c.597 §238; 1971 c.779 §15;
repealed by 2001 c.900 §261]
411.290 [Repealed by 1969 c.597 §281]
411.300
Rules and regulations concerning use and custody of records. (1) The Department of Human Services shall
make and enforce reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files and communications of the
department. The use of such records, papers, files and communications by any
other agency or department of government or person to which they may be
furnished shall be limited to the purposes for which they are furnished and by
the provisions of the law under which they may be furnished.
(2) No rules or regulations shall be made
or administrative practice followed by the Department of Human Services
pursuant to subsection (1) of this section that would interfere with the
purposes of ORS 411.060, 411.155, 411.320 and 411.335. [Amended by 1953 c.500 §12;
1971 c.779 §16; 2005 c.381 §8]
411.310 [Repealed by 1967 c.98 §1]
411.320
Disclosure and use of public assistance records limited; contents as privileged
communication; exceptions.
(1) For the protection of applicants for and recipients of public assistance,
except as otherwise provided in this section, the Department of Human Services
shall not disclose or use the contents of any public assistance records, files,
papers or communications for purposes other than those directly connected with
the administration of the public assistance laws of Oregon or as necessary to
assist public assistance applicants and recipients in accessing and receiving
other governmental or private nonprofit services, and these records, files,
papers and communications are considered confidential subject to the rules and
regulations of the Department of Human Services. In any judicial or
administrative proceeding, except proceedings directly connected with the
administration of public assistance or child support enforcement laws, their
contents are considered privileged communications.
(2) Nothing in this section prohibits the
disclosure or use of contents of records, files, papers or communications for
purposes directly connected with the establishment and enforcement of support
obligations pursuant to the Title IV-D program.
(3) Nothing in this section prohibits the
disclosure of the address, Social Security number and photograph of any
applicant or recipient to a law enforcement official at the request of such official.
To receive information pursuant to this section, the officer must furnish the
agency the name of the applicant or recipient and advise that the applicant or
recipient:
(a) Is fleeing to avoid prosecution,
custody or confinement after conviction for a felony;
(b) Is violating a condition of probation
or parole; or
(c) Has information that is necessary for
the officer to conduct the official duties of the officer and the location or
apprehension of the applicant or recipient is within such official duties. [1953
c.500 §5; 1971 c.779 §17; 1995 c.609 §8; 1997 c.581 §7; 2001 c.900 §88a]
411.325 [1953 c.500 §6; 1961 c.620 §5; 1963 c.70 §1;
1967 c.502 §16; 1971 c.779 §18; repealed by 1997 c.581 §48]
411.330 [1953 c.500 §§7,8; 1971 c.779 §19; repealed
by 1997 c.581 §48]
411.335
Prohibited use of lists or names. No person or agency shall solicit, disclose, receive, make use of, or
authorize, knowingly permit, participate in or acquiesce in the use of, any
lists or names for commercial or political purposes of any nature, or for any
purpose not directly connected with the administration of the public assistance
laws. [1953 c.500 §9; 1997 c.581 §8]
411.350 [1967 c.578 §1; 1971 c.779 §20; repealed by
2001 c.900 §261]
411.375
Public assistance investigations; power to subpoena, administer oaths, take
depositions and fix witness fees. (1) In connection with any public assistance investigation or hearing
the Director of Human Services or any examiner, referee or other officer duly
appointed to conduct the investigation or hearing may by subpoena compel the
attendance and testimony of witnesses and the production of books, accounts,
documents and other papers, and may administer oaths, take depositions and fix
the fees and mileage of witnesses.
(2) The Department of Human Services shall
provide for defraying the expenses of such investigations or hearings, which
may be held in any part of the state. [1955 c.364 §1; 1969 c.597 §240]
411.380
Petition for enforcement of subpoena issued under ORS 411.375. (1) In case of the refusal of a witness to
attend or testify or produce any papers required by such subpoena, the person
designated by the subpoena as the person before whom the testimony is to be
given or the papers produced, may petition the circuit court in and for the
county in which the investigation or hearing is pending for an order directing
the witness to attend and testify or produce the papers before the petitioner.
(2) The petition shall allege that due
notice was given of the time and place for the attendance of the witness or the
production of the papers, that the witness was subpoenaed in the manner
prescribed and that the witness failed and refused to attend, to produce the
papers required by the subpoena or to answer questions propounded to the
witness in the course of the investigation or hearing. [1955 c.364 §2]
411.385
Court order to show cause issued upon filing of petition for enforcement of
subpoena. Upon the filing of
such a petition, the court shall enter an order, a copy of which shall be
served upon the witness, directing the witness to appear before the court at a
time and place to be fixed by the court in such order, the time to be not more
than 10 days from the date of the order, and then and there show cause why the
witness has not attended and testified or produced the papers as required by
the subpoena. [1955 c.364 §3]
411.390
Court may compel appearance of witness before petitioner. (1) If at the hearing provided for in ORS
411.385 it is apparent to the court that the subpoena was regularly issued, the
court shall thereupon enter an order that the witness appear before the
petitioner at a time and place to be fixed in such order, and testify and
produce the required papers.
(2) Failure by the witness to comply with
an order made pursuant to subsection (1) of this section shall be dealt with as
for contempt of court. [1955 c.364 §4]
411.395 [1961 c.171 §2; repealed by 1969 c.597 §281]
411.405 [1965 c.556 §14; repealed by 2001 c.900 §261]
411.410 [Amended by 1961 c.605 §3; renumbered
416.020]
411.415 [1971 c.617 §3; 1989 c.224 §80; 1991 c.93 §9;
repealed by 2001 c.900 §261]
411.420 [Amended by 1957 c.154 §1; 1961 c.605 §4;
renumbered 416.030]
411.425 [1953 c.361 §3; 1955 c.501 §1; 1959 c.273 §1;
1961 c.605 §8; renumbered 416.060]
411.428 [Formerly 411.440; renumbered 416.080]
411.430 [Repealed by 1953 c.361 §19]
411.434 [Formerly 411.450; 1955 c.501 §2; renumbered
416.090]
411.438 [Formerly 411.460; renumbered 416.100]
411.440 [Renumbered 411.428 and then 416.080]
411.441 [1959 c.522 §§2,4; renumbered 416.110]
411.442 [1953 c.361 §§4,5; 1961 c.605 §9; renumbered
416.120]
411.444 [1953 c.361 §6; 1961 c.605 §10; renumbered
416.130]
411.446 [1953 c.361 §7; 1961 c.605 §11; renumbered
416.140]
411.448 [1953 c.361 §8; 1961 c.605 §17; renumbered
416.170]
411.450 [Renumbered 411.434 and then 416.090]
411.452 [1953 c.361 §9; renumbered 416.180]
411.454 [1953 c.361 §10; renumbered 416.190]
411.456 [1953 c.361 §11; renumbered 416.200]
411.458 [1953 c.361 §12; renumbered 416.210]
411.460 [Renumbered 411.438 and then 416.100]
411.462 [1953 c.361 §13; 1961 c.605 §20; renumbered
416.230]
411.464 [1953 c.361 §15; renumbered 416.240]
411.466 [1953 c.361 §16; renumbered 416.250]
411.470 [Amended by 1953 c.361 §19; renumbered
416.260]
411.474 [1957 c.571 §1; renumbered 416.270]
411.480 [Renumbered 416.310]
411.490 [Amended by 1961 c.104 §1; renumbered
416.320]
411.500 [Renumbered 416.330]
411.510 [Amended by 1961 c.600 §9; renumbered 416.810]
411.520 [Renumbered 416.820]
411.530 [Renumbered 416.830]
411.552 [1959 c.454 §1; 1961 c.620 §8; renumbered
416.510]
411.554 [1959 c.454 §2; renumbered 416.520]
411.556 [1959 c.454 §3; renumbered 416.530]
411.558 [1959 c.454 §4; renumbered 416.540]
411.560 [1959 c.454 §§5,7; renumbered 416.550]
411.562 [1959 c.454 §6; renumbered 416.560]
411.564 [1959 c.454 §8; renumbered 416.570]
411.566 [1959 c.454 §9; renumbered 416.580]
411.568 [1959 c.454 §11; renumbered 416.590]
411.570 [1959 c.454 §12; renumbered 416.600]
411.572 [1959 c.454 §10; renumbered 416.610]
411.575
Acceptance of gifts and grants for scholarships. (1) In addition to other funds made
available for education and training of public assistance recipients, the
Department of Human Services may accept gifts and grants from private sources
for the purpose of providing the scholarships or grants authorized under ORS
411.580.
(2) The moneys received under subsection
(1) of this section shall be deposited in a special account, separate and
distinct from the General Fund, to be named the Department of Human Services
Scholarship Account, which account is established. All moneys in the account
and all earnings thereon are continuously appropriated to the Department of
Human Services to be used together with any federal funds that may be available
to provide scholarships or grants under ORS 411.580.
(3) The amount in the Department of Human
Services Scholarship Account that is available after scholarships and grants
under ORS 411.580 have been awarded for any period shall be reported to the
Oregon Investment Council by the Department of Human Services and shall be
considered investment funds within the meaning of ORS 293.701 to 293.820 and
shall be invested in accordance with the standards of ORS 293.726. All earnings
on such investments shall be credited to the Department of Human Services
Scholarship Account. [1967 c.588 §2; 1969 c.707 §1; 1971 c.774 §16; 1989 c.966 §46;
1997 c.130 §7; 2003 c.14 §181]
411.580
Scholarships and grants for recipients. (1) In addition to any other scholarships or grants provided by law
and subject to the availability of funds in the Department of Human Services
Scholarship Account, the Department of Human Services may award tuition and
fee-exempting scholarships or grants and additional funds for purchase of
required books and supplies from other funds, whether from public or private
sources, made available for training of recipients toward self-support to those
qualified to receive welfare assistance, for enrollment at any publicly
supported educational, vocational or training institution in this state.
(2) Selection of scholarship or grant
recipients shall be made by county public welfare board created by ORS 411.145,
with the advice and assistance of all publicly supported educational,
vocational or training institutions.
(3) Scholarships or grants shall be
awarded on the basis of the recipients apparent ability and willingness to
profit from the education or the vocational, technical, or other courses
available, to the end that scholarships or grants awarded will benefit both the
student and the people of this state.
(4) In order to facilitate the most
effective use of funds granted under this section, the Department of Human
Services may apply funds available under this section to supportive services,
including but not limited to transportation and child care, for scholarship or
grant recipients whenever the availability of such services has been eliminated
by the exhaustion of funds in the departments job related training program. [1967
c.588 §1; 1969 c.123 §2; 1971 c.227 §1; 1971 c.387 §1; 1971 c.774 §17; 1971
c.779 §21a; 1997 c.130 §8; 2003 c.14 §182]
411.590
Housekeeper, homemaker or home care worker in residence of public assistance
recipient not state employee; exception. A person who is hired as a housekeeper or homemaker, or home care
worker as defined in ORS 410.600, and is not otherwise employed by the
Department of Human Services, an area agency or other public agency, shall not
for any purposes be deemed to be an employee of the State of Oregon or an area
agency whether or not the department or agency selects the person for
employment or exercises any direction or control over the persons employment.
However, nothing in this section precludes the state or an area agency from
being considered the employer of the person for purposes of ORS chapter 657. [1975
c.401 §5; 1981 c.784 §23; 1987 c.780 §1; 1999 c.548 §1; 2001 c.900 §89; 2001
c.901 §8]
411.595
Procedure where waiver of federal requirement involves policy change. (1) As used in this section policy change
includes any change in the operation of public assistance programs that affects
recipients adversely in any substantial manner, including but not limited to
the denial, reduction, modification or delay of benefits. Policy change does
not include any procedural change that affects internal management but does not
adversely and substantially affect the interest of public assistance
recipients.
(2) The Department of Human Services may
submit applications for waiver of federal statutory or regulatory requirements
to the federal government or any agency thereof. Following the submission of
any application for waiver that involves a policy change, and prior to
implementation, the department shall do the following:
(a) Conduct a hearing in accordance with
ORS chapter 183 regarding the waiver application or application for waiver
renewals and the proposed rules;
(b) Prepare a complete summary of the
testimony and written comments received at the hearing;
(c) Submit the application for waiver or
application for waiver renewals involving a policy change to the legislative
review agency, as defined in ORS 291.375, and present the summary of testimony
and comments described in this section; and
(d) Give notice of the date of its
appearance before the Emergency Board or the Joint Committee on Ways and Means
in accordance with ORS 183.335, and before the Family Services Review
Commission. [1983 c.299 §2; 1987 c.3 §14; 2001 c.900 §90]
411.598
Payment of monthly premium payments by recipients of medical assistance; rules. (1) The Department of Human Services shall
adopt rules:
(a) Requiring recipients of medical
assistance who are not otherwise exempt to pay monthly premium payments while
receiving medical assistance; and
(b) Granting recipients of medical
assistance under ORS 414.706 (5) who are required to pay monthly premium
payments a grace period of up to six months for payment of overdue premiums.
(2) The department may not disenroll a
recipient during the grace period described in subsection (1)(b) of this
section.
(3) A recipient or former recipient of
medical assistance under ORS 414.706 (5) who did not pay one or more monthly
premium payments while receiving medical assistance is not eligible to reapply
for medical assistance under ORS 414.706 (5) until the recipient or former
recipient has paid the amount of overdue premiums in full. [2005 c.692 §6]
411.600
Exemption from payment of monthly premium payments for certain recipients of medical
assistance; rules.
Notwithstanding ORS 414.065, the Department of Human Services shall adopt rules
exempting recipients of medical assistance under ORS 414.706 (5) whose family
income is no more than 10 percent of the federal poverty guidelines, as defined
in ORS 414.340, from the requirement to pay monthly premium payments. [2005
c.692 §4]
MISCELLANEOUS
PROVISIONS RELATING TO PUBLIC ASSISTANCE
411.610
Indorsement by others of public assistance checks or warrants payable to
deceased recipient; disposition of proceeds. Any check or warrant issued by the Department of Human Services to a
recipient of public assistance who subsequently dies may be indorsed in the
name of the deceased by the surviving spouse or a next of kin in the order described
in ORS 293.490 (3); and payment may be made and the proceeds used without any
of the restrictions enumerated in ORS 293.495 (1). [Amended by 1957 c.120 §1;
1981 c.594 §9]
411.620
Recovery of public assistance obtained or disposed of unlawfully. (1) The Department of Human Services may
prosecute a civil suit or action against any person who has obtained, for
personal benefit or for the benefit of any other person, any amount or type of
general assistance or public assistance, as defined in ORS 411.010, or has
aided any other person to obtain such general assistance or public assistance,
in violation of any provision of ORS 411.630, or in violation of ORS 411.640.
In such suit or action the department may recover the amount or value of such
general assistance or public assistance so obtained in violation of ORS
411.630, or in violation of ORS 411.640, with interest thereon, together with
costs and disbursements incurred therein.
(2) Excepting as to bona fide purchasers
for value, the department, the conservator for the recipient or the personal
representative of the estate of a deceased recipient may prosecute a civil suit
or action to set aside the transfer, gift or other disposition of any money or
property made in violation of any provisions of ORS 411.630, 411.708 and
414.105 and the department may recover out of such money or property, or
otherwise, the amount or value of any general assistance or public assistance
obtained as a result of such violation, with interest thereon, together with
costs and disbursements incurred therein. [Amended by 1963 c.499 §1; 1971 c.334
§2; 1973 c.661 §1; 1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24]
411.630
Unlawfully obtaining public assistance. (1) No person shall knowingly obtain or attempt to obtain, for the
benefit of the person or of any other person, any public assistance, as defined
in ORS 411.010, to which the person or such other person is not entitled under
state law by means of:
(a) Any false representation or fraudulent
device, or
(b) Failure to immediately notify the
Department of Human Services of the receipt or possession of property or
income, or of any other change of circumstances, which directly affects the
eligibility for, or the amount of, such assistance.
(2) No person shall transfer, conceal or
dispose of any money or property with the intent:
(a) To enable the person to meet or appear
to meet any requirement of eligibility prescribed by state law or by rule or
regulation promulgated by the department for a grant or an increase in a grant
of any type of general assistance or public assistance, as defined in ORS
411.010; or
(b) Except as to a conveyance by such
person to create a tenancy by the entirety, to hinder or prevent the department
from recovering any part of any claim which it may have against the person or
the estate of the person.
(3) No person shall knowingly aid or abet
any person to violate any provision of this section.
(4) No person shall receive, possess or
conceal any money or property of an applicant for or recipient of any type of
general assistance or public assistance, as defined in ORS 411.010, with the
intent to enable such applicant or recipient to meet or appear to meet any
requirement of eligibility referred to in subsection (2)(a) of this section or,
except as to a conveyance by such applicant or recipient to create a tenancy by
the entirety, with the intent to hinder or prevent the department from
recovering any part of any claim which it may have against such applicant or
recipient or the estate of the applicant or recipient. [Amended by 1963 c.499 §2;
1969 c.66 §1; 1971 c.779 §22]
411.632
Relief where assets transferred, removed or secreted. If it reasonably appears that a customer who
is a recipient of public assistance has assets in excess of those allowed to a
recipient of such assistance under applicable federal and state statutes and
regulations, and it reasonably appears that such assets may be transferred,
removed, secreted or otherwise disposed, then the Department of Human Services
may seek appropriate relief under ORCP 83 and 84, or any other provision of law
but only to the extent of the liability. The state shall not be required to
post a bond in seeking the relief. [1987 c.438 §6; 2001 c.900 §91]
411.635
Recovery of improperly disbursed public assistance. Public assistance improperly disbursed as a
result of recipient conduct that is not in violation of ORS 411.630 may be
recouped pursuant to ORS 293.250 or from earnings that the state disregards
pursuant to ORS 411.700 and 412.009 as follows:
(1) The Department of Human Services shall
notify the recipient that the recipient may elect to limit the recoupment
monthly to an amount equal to one-half the amount of disregarded earnings by
granting the department a confession of judgment for the amount of the
overpayment.
(2) If the recipient does not elect to
grant the confession of judgment within 30 days the department may recoup the
overpayment from the entire amount of disregarded earnings. The recipient may
at any time thereafter elect to limit the monthly recoupment to one-half the
disregarded earnings by granting the department a confession of judgment.
(3) The department shall not execute on a
confession of judgment until the recipient is no longer receiving public
assistance and has either refused to agree to or has defaulted on a reasonable
plan to satisfy the judgment.
(4) Nothing in this section limits the
authority of the department by rule to exempt from recoupment any portion of
disregarded earnings. [1979 c.719 §2]
411.640
Unlawfully receiving public assistance. A person has received an overpayment of public assistance, for
purposes of ORS 411.703, if the person has:
(1) Received, either for the benefit of
the person or for the benefit of any other person, any amount or type of general
assistance or public assistance, as defined in ORS 411.010, to which the person
or such other person is not entitled under state law;
(2) Spent lawfully received public
assistance that was designated by the Department of Human Services for a
specific purpose on an expense not approved by the department and not
considered a basic requirement under standards adopted by the department
pursuant to ORS 411.070;
(3) Misappropriated public assistance by
cashing and retaining the proceeds of a check on which the person is not the
payee and the check has not been lawfully endorsed or assigned to the person;
or
(4) Failed to reimburse the department,
when required by law, for public assistance furnished for a need for which the
person is compensated by another source. [1963 c.499 §4; 2007 c.118 §1]
411.650
Statement required to obtain public assistance. (1) Every person 18 years of age or over who
applies for or receives any type of general assistance or public assistance, as
defined in ORS 411.010, whether such general assistance or public assistance is
applied for or received for the benefit of the person or of another individual,
shall execute to the Department of Human Services at the time of making such
application, and at such times as may be required by the department in any
case, written statements relating to each individual for whose benefit such
general assistance or public assistance is applied for or received, and to any
person who has a duty to support such individual, or to whom such individual owes
a duty of support. Such statements shall include, but need not be limited to,
so much of the following information, relating to each such individual or other
person, as may be specified or required by the department:
(a) The name of the individual, address,
date and place of birth, residence, family relationships, and the composition
of the household in which the individual lives;
(b) The financial circumstances of the
individual and means of and ability for support of the individual and other
individuals, including but not limited to information concerning:
(A) The employment of the individual and
the nature and amount of the income of the individual, from whatever source
derived;
(B) The tangible and intangible assets of
the individual, property and resources of any nature including, but not limited
to, money, real and personal property, rights and expectancies as an heir,
devisee, legatee, trustee or cestui que trust, and any rights, benefits, claims
or choses in action, whether arising in tort or based upon statute, contract or
judgment;
(C) The receipt of the individual,
transfer or disposal of any assets, property or resources, referred to in
subparagraph (B) of this paragraph, within three years immediately preceding
such application and during any period with respect to which such general
assistance or public assistance is granted; and
(D) Such other information as may be
required pursuant to state or federal laws applicable to such general
assistance or public assistance.
(2) All applications for such general
assistance or public assistance and all statements referred to in subsection
(1) of this section shall be upon forms prescribed and furnished by the
department. Each such statement shall be subscribed by each individual who
executes or joins in the execution of such statement.
(3) The spouse of any individual who
applies for or receives such general assistance or public assistance may be
required by the department to join in the execution of, or separately to
execute, any statement referred to in subsection (1) of this section, under
oath or affirmation, except during any period in which it appears to the
department that:
(a) Such individual and the spouse of the
individual are estranged and are living apart;
(b) The spouse is absent from this state
or the whereabouts of the spouse is unknown; or
(c) The spouse is physically or mentally
incapable of executing such statement or of providing any information referred
to in subsection (1) of this section. [1963 c.499 §5; 1965 c.300 §1; 1971 c.799
§23; 2003 c.576 §442]
411.660
Modification, cancellation or suspension of public assistance. (1) If any person is convicted of a
violation of any provision of ORS 411.630, any grant of general assistance or
public assistance made wholly or partially to meet the needs of such person
shall be modified, canceled or suspended for such time and under such terms and
conditions as may be prescribed by or pursuant to rules or regulations of the
Department of Human Services.
(2) Subsection (1) of this section does
not prohibit a grant of general assistance or public assistance to meet the
needs of a child under the age of 18 years. [1963 c.499 §6; 2001 c.900 §92]
411.670
Definitions for ORS 411.670, 411.675 and 411.690. As used in this section and ORS 411.675 and
411.690:
(1) Claims for payment includes bills,
invoices, electronic transmissions and any other document requesting money in
compensation for or reimbursement of needs which have been furnished to any
public assistance recipient.
(2) Need means any type of care,
service, commodity, shelter or living requirement.
(3) Person includes individuals,
corporations, associations, firms, partnerships, governmental subdivisions and
agencies and public and private organizations of any character. [1983 c.609 §2]
411.675
Submitting wrongful claim or payment prohibited. No person shall obtain or attempt to obtain
for personal benefit or the benefit of any other person, any payment for
furnishing any need to or for the benefit of any public assistance recipient by
knowingly:
(1) Submitting or causing to be submitted
to the Department of Human Services any false claim for payment;
(2) Submitting or causing to be submitted
to the department any claim for payment which has been submitted for payment
already unless such claim is clearly labeled as a duplicate;
(3) Submitting or causing to be submitted
to the department any claim for payment which is a claim upon which payment has
been made by the department or any other source unless clearly labeled as such;
or
(4) Accepting any payment from the
department for furnishing any need if the need upon which the payment is based
has not been provided. [1983 c.609 §3]
411.690
Liability of person wrongfully receiving payment; amount of recovery; rules. (1) Any person who accepts from the
Department of Human Services any payment made to such person for furnishing any
need to or for the benefit of a public assistance recipient shall be liable to
refund or credit the amount of such payment to the department if such person
has obtained or subsequently obtains from the recipient or from any source any
additional payment received for furnishing the same need to or for the benefit
of such recipient. However, the liability of such person shall be limited to
the lesser of the following amounts:
(a) The amount of the payment so accepted
from the department; or
(b) The amount by which the aggregate sum
of all payments so accepted or received by such person exceeds the maximum
amount payable for such need from public assistance funds under rules adopted
by the department.
(2) Notwithstanding subsection (1) of this
section, any person who after having been afforded an opportunity for a hearing
pursuant to the portions of ORS chapter 183 relating to a contested case, is
found to violate ORS 411.675 shall be liable to the department for treble the
amount of the payment received as a result of such violation.
(3) The department may prosecute civil
actions to recover moneys claimed due under this section and for costs and
disbursements incurred in such actions. [1963 c.609 §11; 1977 c.669 §1; 1983
c.609 §4]
411.692
Definition for ORS 93.268 and 411.694. As used in ORS 93.268 and 411.694, encumbrance means a voluntary
instrument granting a security interest in the affected real property to secure
a monetary obligation. [2003 c.638 §1; 2005 c.22 §279]
Note: 411.692 and 411.694 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
411 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
411.694
Department of Human Services request for notice of transfer or encumbrance of
real property; rules. (1)
When an individual receives public assistance as defined in ORS 411.010 and the
individual is the holder of record title to real property or the purchaser
under a land sale contract, the Department of Human Services may present to the
county clerk for recordation in the deed and mortgage records of a county a
request for notice of transfer or encumbrance of the real property.
(2) A title insurance company or agent
shall provide the department with a notice of transfer or encumbrance as
required by ORS 93.268.
(3) If the department has caused a request
for notice of transfer or encumbrance to be recorded in the deed and mortgage
records, the department shall present to the county clerk for recordation a
termination of request for notice of transfer or encumbrance when, in the
judgment of the department, it is no longer necessary or appropriate for the
department to monitor transfers or encumbrances related to the real property.
(4) The department shall adopt by rule a
form of the request for notice of transfer or encumbrance, the notice of
transfer or encumbrance and the termination of request for notice of transfer
or encumbrance that, at a minimum:
(a) Contains the name of the public
assistance recipient, a departmental case identifier or other appropriate
information that links the individual who is the holder of record title to real
property or the purchaser under a land sale contract to the individuals public
assistance records;
(b) Contains the legal description of the
real property;
(c) Contains a mailing address for the
department to receive the notice of transfer or encumbrance; and
(d) Complies with the requirements for
recordation in ORS 205.232 and 205.234 for those forms intended to be recorded.
(5) The department shall pay the
recordation fee required by the county clerk under ORS 205.320.
(6) The request for notice of transfer or
encumbrance described in this section does not affect title to real property
and is not a lien on, encumbrance of or other interest in the real property. [2003
c.638 §2]
Note: See note under 411.692.
411.700
Income and resources that may be disregarded in determining eligibility;
presentation of fiscal analysis to Emergency Board. (1) In the determination of eligibility and
the amount of need with respect to a recipient or applicant of public
assistance under ORS 411.706 and ORS chapter 414, the Department of Human
Services may disregard such amounts of income and resources as are required by
federal law or rules adopted pursuant thereto or as are authorized by the
Legislative Assembly including the following:
(a) Any elderly rental assistance payments
provided by ORS 310.635 or refunds in lieu of such relief shall be disregarded
in determining eligibility and need.
(b) Any increase in the amount of
assistance that is authorized by section 4, Public Law 93-233 (87 Stat. 953)
and which is also being paid on March 5, 1974, shall be disregarded in
determining eligibility and need.
(2) Any increase in the amount of
assistance provided under Title XVI of the Social Security Act to meet changes
in the cost of living that is an increase over that amount being paid on
January 1, 1977, pursuant to an Act of Congress and which will first be paid
after January 1, 1977, shall be disregarded in determining eligibility and
need.
(3) When considering an application for
public assistance, the department shall exempt from consideration as a resource
up to $10,000 equity value of any licensed and unlicensed vehicles owned by the
applicant or recipient.
(4) The department shall implement
subsection (3) of this section statewide to the extent possible that is consistent
with federal regulation to maintain state eligibility for federal participation
in public assistance programs. In the event the department determines that this
policy has a net fiscal cost to the state, the department shall present the
fiscal analysis to the Emergency Board for additional funding or direction to
modify or suspend the policy. [1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11;
1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581 §9; 2005 c.381 §9]
411.703
Issuance of warrants for overpayment of public assistance. (1) If an overpayment of public assistance,
including food stamp benefits, is not repaid within 30 days of the payment due
date, after an individual has been afforded an opportunity for a contested case
hearing under ORS chapter 183 relating to the overpayment of public assistance,
including food stamp benefits issued under ORS 411.806 to 411.845, the
Department of Human Services may:
(a) Issue a warrant that meets the
requirements of ORS 205.125 for the overpayment; and
(b) Present a warrant issued under this
section for recordation in the County Clerk Lien Record of the county clerk of
any county in the state.
(2) The warrant must include the principal
amount of the overpayment, interest accumulated pursuant to ORS 82.010 or other
applicable law, costs associated with recording, indexing and serving the
warrant and costs associated with an instrument evidencing satisfaction or
release of the warrant.
(3) The department shall mail a copy of
the warrant to the debtor at the last known address of the debtor.
(4) Upon receipt of the warrant for
recordation, the county clerk shall record the warrant in the manner provided
in ORS 205.125.
(5) Upon issuance of the warrant, the
department may issue a notice of garnishment in accordance with ORS 18.854.
(6) Upon recording, the warrant:
(a) Has the effect described in ORS
205.125 and 205.126; and
(b) May be enforced as provided in ORS
18.854 and 205.126. [2003 c.663 §2; 2007 c.118 §2]
411.704
Definitions for ORS 411.120, 411.706 and 411.708. As used in this section and ORS 411.120,
411.706 and 411.708:
(1) Assistance means:
(a) Cash payments made under ORS 411.706
to or on behalf of a needy person who is a resident of this state and who is
blind, has a disability or is 65 years of age or older; or
(b) Special need allowances for one-time
or ongoing needs.
(2) Blind means having:
(a) Visual acuity with corrective lenses
that does not exceed 20/200 in the better eye, or vision in the better eye that
is restricted to a field that subtends an angle of not greater than 20 degrees;
or
(b) An equivalent visual impairment, as
determined by the Department of Human Services after examination by:
(A) An ophthalmologist licensed to
practice medicine and surgery in Oregon or in another state or territory of the
United States having qualifications substantially similar to those of the State
of Oregon; or
(B) An optometrist licensed and practicing
in Oregon or in another state or territory of the United States having
qualifications substantially similar to those of the State of Oregon.
(3) Disability means a physical or
mental impairment that:
(a) Is likely to continue without
substantial improvement for no less than 12 months or to result in death; and
(b) Prevents performance of substantially
all the ordinary duties of occupations in which a person not having the
physical or mental impairment is capable of engaging, having due regard to the
training, experience and circumstances of the individual with the physical or
mental impairment.
(4)(a) Income means net income in cash
or in kind available to the applicant or recipient, the receipt of which is
regular and predictable enough to afford security in the sense that the
applicant or recipient may rely upon it to contribute toward meeting the needs
of the applicant or recipient.
(b) Income does not include:
(A) Earnings or other income that may be
exempted in compliance with federal laws and regulations; or
(B) Premiums on life insurance policies,
whether paid by the applicant, recipient or other person.
(5) Recipient means a person who is
receiving assistance provided by the Oregon Supplemental Income Program.
(6) Resources means an asset that may be
applied toward meeting the needs of the applicant or recipient, including real
and personal property holdings contributing to the maintenance of the applicant
or recipient or representing investments or savings that may be drawn upon for
maintenance purposes. [2005 c.381 §2; 2007 c.70 §187]
411.705 [1975 c.672 §20; repealed by 1977 c.841 §13]
411.706
(a) Provide supplemental cash payments to
recipients of Supplemental Security Income; and
(b) Grant special need allowances for
one-time or ongoing needs.
(2) The program shall grant assistance to
eligible persons who are blind, have disabilities or are 65 years of age or
older. Persons granted assistance under this section shall receive medical assistance
as defined in ORS 414.025.
(3) The program shall grant assistance
according to the rules of the Department of Human Services and on the basis of
need, taking into account the income and resources available to the applicant
or recipient. [2005 c.381 §3; 2007 c.70 §188]
411.708
Recovery of assistance from certain estates; exceptions; certain transfers of
property voidable. (1) The
amount of any assistance paid under ORS 411.706 is a claim against the property
or interest in the property belonging to and a part of the estate of any
deceased recipient. If the deceased recipient has no estate, the estate of the
surviving spouse of the deceased recipient, if any, shall be charged for
assistance granted under ORS 411.706 to the deceased recipient or the surviving
spouse. There shall be no adjustment or recovery of assistance correctly paid
on behalf of any deceased recipient under ORS 411.706 except after the death of
the surviving spouse of the deceased recipient, if any, and only at a time when
the deceased recipient has no surviving child who is under 21 years of age or
who is blind or has a disability. Transfers of real or personal property by
recipients of assistance without adequate consideration are voidable and may be
set aside under ORS 411.620 (2).
(2) Except when there is a surviving
spouse, or a surviving child who is under 21 years of age or who is blind or
has a disability, the amount of any assistance paid under ORS 411.706 is a
claim against the estate in any conservatorship proceedings and may be paid
pursuant to ORS 125.495.
(3) A claim under this section shall
exclude benefits paid to or on behalf of a beneficiary under a policy of
qualified long term care insurance, as defined in ORS 414.025 (2)(s).
(4) Nothing in this section authorizes the
recovery of the amount of any assistance from the estate or surviving spouse of
a recipient to the extent that the need for assistance resulted from a crime
committed against the recipient. [Formerly 412.600; 2007 c.70 §189; 2007 c.486 §10]
GENERAL ASSISTANCE
411.710
Basis for granting general assistance. (1) General assistance shall be granted in accordance with the rules
and regulations of the Department of Human Services and on the basis of need,
taking into account the income, resources and maintenance available to the
individual from whatever source derived and the necessary expenditures of the
individual and the conditions existing in each case.
(2) With respect to health services and
needs to be provided in any general assistance programs during any period, and
within the limits of funds available therefor, the department shall determine
and fix, subject to such revisions as it may make from time to time:
(a) The types and extent of health
services and needs to be provided to applicants and recipients.
(b) Statewide uniform standards to be
observed in the provision of health services and needs.
(c) The maximum number of days of health
services and needs toward the cost of which general assistance funds will be
expended in the care of any applicant or recipient.
(d) Schedules of maximum fees, charges and
daily rates to which general assistance funds will be applied toward meeting
the costs of providing health services and needs to an applicant or recipient.
(3) The types and extent of health
services and needs and the amounts to be paid in meeting the costs thereof, as
determined and fixed by the department, shall be the total general assistance
available to applicants and recipients for health services and needs and the
total amounts from general assistance funds available to vendors in meeting
such costs.
(4) Payments of general assistance for
medical care and services shall constitute payment in full for all such care
and services for which the payments were made. [Amended by 1965 c.556 §18]
411.720
Residence required of applicants for general assistance. No person shall be eligible for general
assistance unless the person is a resident of the State of
411.730
Application for general assistance; determination of eligibility and amount of
grant. The Department of
Human Services shall receive all applications for general assistance, and shall
determine in accordance with its rules and regulations the eligibility for and
the amount of the assistance which any person shall receive. [Amended by 1955
c.613 §2; 1969 c.68 §4; 1971 c.779 §24]
411.740
General assistance administration. The Department of Human Services shall administer and supervise the
administration of general assistance and it shall prescribe the form of and
supply all blank applications, reports, affidavits and such other forms as the
department deems advisable. [Amended by 1969 c.597 §244; 1971 c.779 §25]
411.750
Cooperation with federal government in providing general assistance. The Department of Human Services shall
cooperate with the United States Government, departments and agencies of the
State of Oregon and the counties of the state in providing general assistance,
either direct relief, community work and training, medical and hospital care or
other services for needy persons and shall receive, disburse or distribute all
sums of money, commodities and other properties from the United States
Government, departments or agencies of the State of Oregon and counties of the
state for assistance purposes for needy persons. [Amended by 1967 c.130 §1]
411.760
Assistance grants are inalienable. All moneys granted under the provisions of ORS 411.060, 411.070,
411.706 and 411.710 to 411.730 are inalienable by any assignment or transfer
and are exempt from garnishment, levy or execution under the laws of this
state. [Amended by 2005 c.381 §10]
411.765 [1969 c.207 §2; repealed by 2001 c.900 §261]
411.770 [Repealed by 1953 c.500 §12]
411.775 [1969 c.207 §3; repealed by 2001 c.900 §261]
411.785 [1969 c.207 §4; repealed by 2001 c.900 §261]
411.790
Assistance to certain persons receiving employment income. (1) In granting general assistance, the
Department of Human Services shall apply a graduated scale that disregards a
portion of a persons income, if that income is earned in employment that is
part of an approved treatment or rehabilitation program and if the person has
been unemployed and receiving general assistance due to chronic mental illness.
(2) The department shall continue to provide
health services and needs, as described in ORS 411.710 (2), to a person
described in subsection (1) of this section for a period of time not to exceed
two years after the person ceases to receive general assistance if:
(a) Group health insurance is not
available to the person through employment or otherwise; and either
(b) Termination of eligibility for health
services and needs would seriously inhibit the persons ability to continue
employment; or
(c) The persons earnings are not
sufficient to allow the person a reasonable equivalent of the general
assistance and health service benefits which would be available to the person
in the absence of the earnings.
(3) If the person described in subsection
(1) of this section is covered by a group health insurance plan, the department
shall continue to provide health services and needs for the limited purpose of
paying the costs of treatment for preexisting conditions until such costs are
paid in whole or in part by the group health insurance policy.
(4) For purposes of this section, approved
treatment and rehabilitation program and chronic mental illness shall be
defined by the department by rule.
(5) For the purposes of general
assistance, any work performed by a person while that person is hospitalized in
a state or community psychiatric hospital shall not be considered employment.
(6) Nothing in this section is intended to
limit the authority of the department to disregard the income of, and extend
the period of eligibility for health services and needs to, persons other than
those described in subsection (1) of this section. [1981 c.341 §2; 2001 c.900 §93]
411.795
Claim against estate of deceased recipient. (1) The amount of any general assistance paid under this chapter is a
claim against the property or any interest therein belonging to and a part of
the estate of any deceased recipient or if there be no estate or the estate
does not have sufficient assets to satisfy the claim, the estate of the
surviving spouse shall be charged for such aid paid to either or both;
provided, however, that there shall be no adjustment or recovery of any general
assistance correctly paid to or on behalf of any individual under this chapter
except after the death of such individual and the surviving spouse of the individual,
if any, and only at a time when the individual has no surviving child who is
under 21 years of age or is blind or permanently and totally disabled.
(2) Except where there is a surviving
spouse, or a surviving child who is under 21 years of age or is blind or
permanently and totally disabled, the amount of any general assistance paid
under this chapter is a claim against the estate in any conservatorship
proceedings and may be paid pursuant to ORS 125.495.
(3) Nothing in this section authorizes the
recovery of the amount of any aid from the estate or the surviving spouse of a
recipient to the extent that the need for aid resulted from a crime committed
against the recipient.
(4) As used in this section, general
assistance includes the states monthly contribution to the federal government
to defray the costs of outpatient prescription drug coverage provided to a
person who is eligible for Medicare Part D prescription drug coverage and who
receives benefits under the state medical assistance program or Title XIX of
the Social Security Act. [1971 c.422 §1; 1975 c.386 §1; 1985 c.522 §1; 1995
c.664 §91; 2005 c.754 §2]
Note: 411.795 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 411 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
411.800 [1980 c.18 §1; 1983 c.2 §2; 1985 c.255 §1;
1985 c.819 §1; 1987 c.71 §1; 1989 c.1001 §1; 1991 c.39 §1; 1993 c.11 §1; 1995
c.148 §1; repealed by 1997 c.581 §48]
SPOUSAL CARE
411.802
Compensation for in-home care by spouse. If an approved provider providing in-home care to a recipient of
public assistance for compensation marries the recipient, the Department of
Human Services shall consider the care provided as compensable even though
provided by a spouse. The standard of compensation under this section shall be
the same as the standard applied for in-home care provided by an approved
provider not residing in the home of the recipient. [1987 c.629 §2; 2001 c.900 §94]
411.803
When spouse may be compensated for in-home care. When a married recipient of public
assistance provided under ORS 411.706 requires in-home care, the Department of
Human Services shall provide that such care be compensated even though provided
by the spouse, in the manner and to the extent specified by rule of the
department based on the extent of need and the availability of funds therefor. [1985
c.638 §2; 2001 c.900 §95; 2005 c.381 §11]
411.805 [1961 c.526 §1; repealed by 1963 c.599 §2 (411.806 enacted in lieu of
411.805)]
FOOD STAMP
BENEFITS
411.806
Definitions for ORS 411.806 to 411.845. As used in ORS 411.806 to 411.845, unless the context or a specially
applicable statutory definition requires otherwise:
(1) Administrative costs means, but is
not limited to, costs in connection with:
(a) Distributing food stamp benefits to
recipients under a food stamp plan;
(b) The compensation of personnel while
employed in carrying out ORS 411.806 to 411.845; and
(c) Reimbursement of the federal
government for any loss described in ORS 411.830.
(2) Food stamp plan means a plan under
which the federal government makes food stamp benefits available to this state
or its agencies for distribution to individuals and households certified to be
in economic need of and eligible to receive such food stamp benefits for the
purchase of food commodities from retail food outlets.
(3) Household means two or more related
or nonrelated individuals who do not reside in an institution.
(4) Issuing agency means the Department
of Human Services.
(5) Recipient means an individual or
household determined and certified, pursuant to ORS 411.811 or 411.825, to be
eligible to receive food stamp benefits under a food stamp plan. [1963 c.599 §3
(enacted in lieu of 411.805); 1971 c.779 §26; 1997 c.581 §10]
411.810 [1961 c.526 §2; repealed by 1963 c.599 §4
(411.811 enacted in lieu of 411.810)]
411.811
Distribution by tribal councils; duties of department with respect to food distribution
programs; rules. (1) A
tribal council of an Indian tribe may make direct distribution of food
commodities to recipients.
(2) With respect to food distribution
programs, the Department of Human Services shall:
(a) Execute agreements necessary to
maintain the eligibility of this state to receive food commodities, and to
carry into effect ORS 411.806 to 411.845 relating to such programs, including
agreements with other agencies of this state, with the federal government and
its agencies, and with tribal councils of Indian tribes;
(b) Order, ship and store food commodities
pending their delivery to tribal councils of Indian tribes or otherwise for
direct distribution to recipients;
(c) Determine and require that the
storage, distribution and handling of food commodities are made in accordance with
state and federal laws, rules, regulations and requirements;
(d) Determine the quantities of food
commodities which recipients shall be entitled to receive with respect to any
period and geographical area; and
(e) Except as otherwise provided by ORS 411.816,
adopt and enforce rules necessary to maintain the eligibility of this state to
receive food commodities and to carry into effect ORS 411.806 to 411.845
relating to such programs. [1963 c.599 §5 (enacted in lieu of 411.810); 1971
c.779 §27; 1989 c.942 §1]
411.815 [1961 c.526 §3; repealed by 1963 c.599 §6
(411.816 enacted in lieu of 411.815)]
411.816
Rules for eligibility and benefit level. The Department of Human Services shall adopt rules conforming to
federal laws and regulations required to be observed in maintaining the
eligibility of this state to receive from the federal government, and to issue
food stamp benefits under a food stamp plan. Rules adopted by the department
pursuant to this section shall relate to and include, but shall not be limited
to:
(1) The classifications of and
requirements of eligibility for individuals and households to receive food
stamp benefits under such plans. The limitations upon the income and resources
of individuals and households established as requirements of eligibility under
this section shall not exceed the maximum limitations on income and resources
allowable under federal laws, rules and regulations;
(2) The periods during which individuals
and households shall be certified or recertified to be eligible to receive food
stamp benefits under such plans;
(3) The amount of food stamp benefits to
be issued or allotted to recipients, with respect to any period, under a food
stamp plan;
(4) Periodic redetermination and review of
the eligibility of recipients to receive food stamp benefits issued under such
plans;
(5) Cancellation of certifications issued
for, and adjustment of the numbers of individuals in any household eligible to
receive food stamp benefits issued to recipients under such plans for any period
in accordance with changes of circumstances in individual cases; and
(6) Procedures to review, on the basis of
substantial hardship, request for such adjustments. [1963 c.599 §7 (enacted in
lieu of 411.815); 1969 c.571 §1; 1989 c.942 §2; 1997 c.581 §11]
411.818
Disregard of cost-of-living adjustment; rules. (1) The Department of Human Services shall
seek approval from the United States Department of Agriculture under 7 U.S.C.
2026 to disregard the amount of the annual cost-of-living adjustment for Social
Security benefits and for Supplemental Security Income benefits in determining
eligibility for food stamp benefits.
(2) Upon receipt of federal approval to
disregard the cost-of-living adjustment for Social Security benefits or
Supplemental Security Income benefits and approval of federal funding, the
department shall immediately adopt temporary rules consistent with the federal
approval.
(3) The Department of Human Services shall
annually renew an application approved by the United States Department of
Agriculture under subsections (1) and (2) of this section. [2007 c.526 §§2,3]
Note: 411.818 (3) was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 411 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Note: Section 4, chapter 526, Oregon Laws 2007,
provides:
Sec.
4. The Department of Human
Services shall submit the request for approval under section 2 of this 2007 Act
[411.818 (1) and (2)] no later than October 1, 2007. [2007 c.526 §4]
411.820 [1961 c.526 §§4,5; 1963 c.599 §12; 1975
c.179 §1; repealed by 1997 c.581 §48]
411.825
Food stamp plan. (1) The
Department of Human Services shall determine and certify to the eligibility of
all individuals and households to receive food stamp benefits under a food
stamp plan.
(2) The department shall:
(a) Issue to recipients food stamp
benefits made available from the federal government under such plan; and
(b) Account to the federal government for
all such food stamp benefits.
(3) In order to carry out the provisions
of ORS 411.806 to 411.845, the department is authorized to contract with any
governmental agencies or private agencies for distribution of food stamp
benefits. [1963 c.559 §10; 1971 c.779 §28; 1975 c.179 §2; 1997 c.581 §12]
411.827
Appropriation of sums received from federal government. All sums received by the Department of Human
Services from the federal government to assist in meeting the costs of
processing applications from, and of certifying and recertifying, individuals
and households under ORS 411.806 to 411.845 are hereby appropriated to the
department for expenditure in meeting the costs of processing applications
from, and making certifications and recertifications of, individuals and
households for the benefits made available pursuant to ORS 411.806 to 411.845. [1963
c.599 §14]
411.830
Payment of losses from plan.
(1) Any loss for which this state or its agencies may be liable to reimburse
the federal government, in accordance with federal laws or regulations
applicable to food stamp plans, shall be paid from funds appropriated to the
Department of Human Services for the purposes of ORS 411.806 to 411.845.
(2) Subsection (1) of this section shall
not relieve any person of any civil or criminal liability to this state. [1963
c.599 §15; 1981 c.858 §1; 1997 c.581 §13]
411.835
Residence requirement.
Individuals and households are not eligible to receive food stamp benefits
under a food stamp plan unless they reside in a county in which such plan is in
effect. [1963 c.599 §9; 1997 c.581 §14]
411.837
Compliance with state and federal laws required. Counties, state institutions and agencies,
issuing agencies, retail food outlets, wholesale food concerns, banks and all
persons who participate in or administer any part of a food stamp plan shall
comply with all state and federal laws, rules and regulations applicable to
such plans. [1963 c.599 §11]
411.840
Unlawfully obtaining or disposing of food stamp benefits. (1) No person shall knowingly obtain or
attempt to obtain, or aid or abet another person in obtaining or attempting to
obtain, any food stamp benefit under a food stamp plan to which the person or
such other person is not entitled to receive or use under ORS 411.806 to
411.845, or under any rule or regulation promulgated pursuant to ORS 411.806 to
411.845.
(2) No person shall knowingly give, sell,
trade or otherwise dispose of to another person not entitled to receive or use
the same pursuant to ORS 411.806 to 411.845, or pursuant to any rule or
regulation promulgated pursuant to ORS 411.806 to 411.845:
(a) Any food stamp benefit received under
a food stamp plan; or
(b) Any food commodity received wholly or
partially in exchange for a food stamp benefit received under a food stamp
plan. [1963 c.599 §16; 1997 c.581 §15]
411.845
Prosecution; costs; accounting.
(1) If any person obtains, gives, sells, trades or otherwise disposes of any
food stamp benefit in violation of ORS 411.840, the district attorney shall
prosecute, for and in the name of the State of
(a) The food stamp benefit so obtained by
such person; or
(b) The value of the food stamp benefit so
obtained, given, sold, traded or otherwise disposed of by such person.
(2) In any suit or action prosecuted under
subsection (1) of this section, the state is entitled to recover interest and
its costs and disbursements incurred in such suit or action.
(3) Food stamp benefits and moneys
recovered by the state under this section shall be accounted for or paid to the
federal and state governments, as their respective interests therein may
appear. [1963 c.599 §17; 1997 c.581 §16]
411.848 [1991 c.965 §3; renumbered 458.530 in 1993]
411.849 [1991 c.965 §4; 1993 c.271 §2; renumbered
458.532 in 1993]
411.850 [1991 c.965 §5; renumbered 458.545 in 1993]
411.851 [1991 c.965 §1; renumbered 458.540 in 1993]
COMMUNITY
WORK AND TRAINING PROGRAMS
411.855
Definitions for ORS 411.855 to 411.870. For the purposes of ORS 411.855 to 411.870:
(1) Community work and training program
means a program of a constructive nature designed to conserve work skills and
to develop new skills of applicants and recipients of public assistance,
pursuant to a plan jointly entered into by the Department of Human Services and
a public entity, private nonprofit organization or private business under which
such public entity, private nonprofit organization or private business
undertakes to provide work or training to applicants or recipients of public
assistance, who are required to participate without compensation in such
program, and to provide supervision and control over such work or training.
(2) Private business means any business
in which a profit may be made by the owner of the business.
(3) Private nonprofit organization means
any organization which provides a service available to the general public where
funding is based wholly or in part by donations from the general public and in
which no part of the income of which is distributable to its members, directors
or officers.
(4) Public entity means any agency of
the federal or state government, county, city, town, public corporation or
political subdivision in this state, including the Department of Human Services
with respect to work or training in the department. [1961 c.631 §1; 1965 c.291 §1;
1967 c.130 §2; 1969 c.597 §245; 1971 c.779 §29; 1979 c.99 §1; 1993 c.739 §21]
411.860
Work relief programs authorized for general assistance applicants or
recipients. Subject to rules
and regulations promulgated by the Department of Human Services, each
employable applicant or recipient of general assistance may be required to
participate without compensation in a community work and training program, as a
condition to a grant of general assistance for the benefit of the applicant or
recipient or those to whom the applicant or recipient owes a legal duty of
support, and for periods of time limited by the amount of such assistance, in
cash or in kind, provided through such grant. However, no applicant or
recipient of general assistance shall be required or permitted to perform labor
or services without compensation in a community work and training program if
such labor or services can be performed by an employee of the public entity as a
part of the regular duties of the employee. [1961 c.631 §2; 1965 c.291 §2; 1967
c.130 §3]
411.865
Denial of general assistance to applicants or recipients; causes. The application for or grant of general
assistance to any employable individual required to participate in a community
work and training program may be denied or suspended for such time as may be
fixed under rule or regulation of the Department of Human Services, if such
individual without good cause:
(1) Fails to participate satisfactorily in
such community work and training program to which the individual may be
assigned;
(2) Fails to report for a community work
and training program when and as directed by the department or by the
supervisor of the individual therein;
(3) Abandons or repeatedly is absent from
such work or training;
(4) Is insubordinate to the supervisor of
the individual therein;
(5) Fails therein to take due precaution
for the safety of the individual or others, or to use safety clothing or
equipment made available to the individual;
(6) Is guilty of misconduct connected with
such work or training; or
(7) If, within 30 days prior to such
application, the individual was rendered ineligible for general assistance in
another county, or the grant of general assistance in another county was
suspended, for any of the causes stated in subsections (1) to (6) of this
section. [1961 c.631 §3; 1967 c.130 §4; 1971 c.779 §30]
411.870
Approval of programs; rules.
All community work and training programs shall be subject to approval of the
Department of Human Services. The department shall promulgate and enforce rules
and regulations necessary to carry into effect ORS 411.855 to 411.870. [1961
c.631 §4; 1967 c.130 §5]
411.875
Status of applicants, recipients, beneficiaries and trainees under community
work and training program; workers compensation coverage. Persons who are applicants, recipients,
beneficiaries or trainees in community work and training programs as defined by
ORS 411.855, and persons who are volunteers during their participation in such
programs:
(1) Are not serving in positions in the
services of a public entity as defined by ORS 411.855 for the purposes of any
civil service law or of any retirement system of such public entity.
(2) Are not employees as defined in ORS
657.015.
(3) Shall be provided workers
compensation coverage under the state workers compensation system through
election under ORS 656.039 by the employer or the employers agent or may be
provided another program of insurance if the applicant, recipient, beneficiary
or trainee is not otherwise covered by a program of insurance offering similar
coverage. Coverage need not include time loss benefits. [1967 c.130 §8; 1993
c.739 §22]
JOBS PLUS
PROGRAM
411.877
Definitions for program. As
used in ORS 316.680, 411.877 to 411.896 and 657.925:
(1) Board means the JOBS Plus Advisory
Board established in ORS 411.886.
(2) Department means the Department of
Human Services.
(3) JOBS Plus or program means the
JOBS Plus Program established in ORS 411.878. [1995 c.561 §2 and 1995 c.816 §15]
Note: Chapter 561, Oregon Laws 1995, and sections
14 to 33, chapter 816, Oregon Laws 1995, were enacted by the Legislative
Assembly as duplicate JOBS Plus Programs. Legislative Counsel has compiled the
relevant sections of both chapters as ORS 316.680, 411.877 to 411.896 and
657.925. Legislative Counsel has not substituted ORS section references for
provisions in chapter 816,
411.878
Intent; state program creation; rules. (1) In establishing and implementing a program to be known as the JOBS
Plus Program, the Legislative Assembly recognizes that early attachment to work
and development of knowledge and skills are the most effective means of helping
people make the transition from dependence on public assistance and subsiding
in poverty to regular employment and self-reliance. It is the intent of the
Legislative Assembly to promote greater economic self-sufficiency among
(a) Increasing the employability of
unemployed and underemployed Oregonians through on-the-job training;
(b) Invigorating the public-private
workforce partnership through development of jobs with both private for-profit
and public employers;
(c) Ensuring that program participants
through their employment development plans have opportunities to improve work
skills, education and employability and to establish recent work histories with
work site training, mentoring, individual education accounts and provision of
necessary support service benefits that include child care, workers
compensation, job placement and a guarantee that participation in the JOBS Plus
Program does not result in a reduction in net income to a participant when
compared with the participants combined income from the temporary assistance
for needy families program, the food stamp program and the unemployment
insurance program; and
(d) Expeditiously placing program
participants in subsidized and unsubsidized employment.
(2) The JOBS Plus Program is created as a
program in which residents of the State of
411.880
Exemptions and waivers from federal law to be obtained. The Governor and the Department of Human
Services shall work diligently to obtain all exemptions and waivers from and
amendments to federal statutes, rules and regulations necessary to implement
the JOBS Plus Program at the earliest possible date, including but not limited
to exemptions under section 1115 (42 U.S.C. 1315) of the Social Security Act
and section 17 (7 U.S.C. 2026) of the Food Stamp Act. [1995 c.561 §4 and 1995
c.816 §17]
411.882
Maximizing use of federal grants and apportionments. In administering the JOBS Plus Program and
to the extent permitted by federal law, the Department of Human Services shall
maximize the use of federal grants and apportionments of the temporary
assistance for needy families program, the food stamp program and employment
related child care. [1995 c.561 §5 and 1995 c.816 §18; 1997 c.581 §18]
411.884
Application of program. The
provisions of ORS 316.680, 411.877 to 411.896 and 657.925 apply to the entire
state except to the extent the provisions of ORS 316.680, 411.877 to 411.896
and 657.925 are inconsistent with the control group study conducted pursuant to
chapter 739, Oregon Laws 1993, in Clackamas, Lincoln, Malheur and Washington
Counties. [1995 c.561 §6 and 1995 c.816 §19]
411.886
JOBS Plus Advisory Board; duties; membership. (1) The JOBS Plus Advisory Board is established. The board shall
advise the Department of Human Services and the Employment Department in the
direction and administration of the JOBS Plus Program established under ORS
316.680, 411.877 to 411.896 and 657.925. The board shall have seven members, consisting
of six representatives of the business community and one employed former
recipient of temporary assistance for needy families, the food stamp program or
the unemployment insurance program.
(2) The Governor shall appoint new members
from nominees recommended by the board.
(3) Members appointed to the board shall
serve terms of three years. [1995 c.561 §7 and 1995 c.816 §20; 1997 c.581 §19]
411.888
Vacancies on board; chairperson; meetings. (1) Nominations for persons to fill scheduled vacancies must be made
to the Governor not less than 30 days prior to the effective date of the
vacancy. Nominations for persons to fill an unscheduled vacancy shall be made
to the Governor not more than 30 days after the position becomes vacant.
(2) The JOBS Plus Advisory Board shall
select one of its members to serve as a chairperson for such terms and with
duties and powers necessary for the performance of the functions of such office
as the board determines. A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at least once
each quarter with the Director of Human Services and the Director of the
Employment Department.
(4) The board shall report at least
annually to the Governor and the Legislative Assembly on the status and
progress of the JOBS Plus Program. The chairperson of the board shall have the
additional duty to work with and coordinate the local councils created in ORS
411.890. [1995 c.561 §10(1) to (4) and 1995 c.816 §23(1) to (4)]
411.889
Contracting with private institutions. The Employment Department and the Department of Human Services shall
explore contracting for job procurement and placement services with private job
placement institutions. If contracting is deemed beneficial, the Employment
Department and the Department of Human Services are encouraged to and shall
have the authority to contract with private placement firms. [1995 c.561 §10(5)
and 1995 c.816 §23(5); 2001 c.657 §4]
411.890
JOBS Plus Implementation Council; duties; membership. A JOBS Plus Implementation Council shall be
established in service areas to be determined by the Director of Human Services
to assist the JOBS Plus Advisory Board, the Department of Human Services and
the Employment Department in the administration of the JOBS Plus Program and to
allow local flexibility in dealing with the particular needs of each county.
Each council shall be primarily responsible for recruiting and encouraging
participation of employment providers in the county. Each council shall be
composed of seven members who shall be appointed by the county commissioners in
each county in the district. Council members shall be residents of the district
in which they are appointed and shall serve four-year terms. Six members of the
council shall be from the local business community. At least one member shall
be a current or former recipient of the temporary assistance for needy families
program, the food stamp program or the unemployment insurance program. [1995
c.561 §11 and 1995 c.816 §24; 1997 c.581 §20; 2001 c.900 §96]
411.892
Employer eligibility; job requirements; program participant eligibility;
termination of participation; job assignment; exemptions; wages; reimbursement
of employers. (1)(a) All
employers, including public and private sector employers within the State of
(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 employers 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 job opportunity and basic skills program component and, at the
employers 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 participants 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 participants removal, in accordance with rules
adopted by the Department of Human Services, from the JOBS Plus Program and
suspension of the participants 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
(b) Sick leave, holiday and vacation
absences shall conform to the individual employers 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
employers 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
participants employment development plan.
(14) For purposes of this section, employer
shall include professional placement services, professional employment
organizations and temporary employment agencies. [1995 c.561 §13 and 1995 c.816
§28; 1997 c.181 §1; 1997 c.249 §127; 1997 c.581 §21; 1997 c.704 §44; 2001 c.657
§3; 2007 c.861 §17]
411.894
(2)(a) After the participant has
participated in the JOBS Plus Program for 30 days, the employer shall pay, in
addition to the participant wage, one dollar for each participant hour worked
into the participants individual education account. Contributions to such an
account shall be tax deferred or tax-exempt to the extent permitted by federal
and state law.
(b) Any participant for whom an Oregon JOBS
Individual Education Account contribution is made shall be eligible for access
to education benefits from that participants individual education account for
up to five years after the participant has left the JOBS Plus Program and has
held a full-time, unsubsidized job for at least 30 days.
(c) When any participant has qualified for
use of that participants individual education account, an amount equal to that
participants individual education account balance shall be transferred to the
Oregon Student Assistance Commission for that participants use. Only one
individual education account shall be created for any participant. Each account
shall be administered by the commission and shall be used for continuing
education and training for the participant and the participants immediate
family.
(3)(a) The commission may use any interest
earned by an individual education account transferred to the commission under
this section for payment of expenses incurred by the commission in carrying out
its duties under this section.
(b) The Department of Human Services shall
transfer any interest earned by the Oregon JOBS Individual Education Account to
the General Fund for general governmental purposes. The department shall
transfer the interest no later than the close of each fiscal year in which the
interest is earned.
(4) Any unexpended or unobligated moneys
remaining in an individual education account five years after the participant
has left the JOBS Plus Program are appropriated and transferred to the commission
for the Oregon Opportunity Grant program on that date. [1995 c.561 §14 and 1995
c.816 §29; 1999 c.704 §22; 1999 c.1070 §17; 2005 c.837 §16; 2007 c.802 §6]
411.896
Annual report on program.
The Department of Human Services shall submit an annual written report to the
Legislative Assembly and the Governor containing a full and complete analysis
of the JOBS Plus Program. The report shall include recommendations from the
department and the JOBS Plus Advisory Board regarding appropriate revisions to
the program. [1995 c.561 §16 and 1995 c.816 §31]
DISPLACED
HOMEMAKERS
411.900
Definitions for ORS 411.900 to 411.910. As used in ORS 411.900 to 411.910 unless the context requires
otherwise:
(1) Director means the Director of Human
Services.
(2) Displaced homemaker means an
individual who:
(a) Has not worked in the labor force for
a substantial number of years but has, during those years, worked in the home,
providing unpaid household services for family members;
(b) Has been dependent on public assistance
or on the income of another family member but is no longer supported by that
income, or is receiving public assistance on account of dependent children in
the home, especially where such assistance will be terminated within one year
as a result of the youngest child reaching the age of 18; or
(c) Is currently unemployed and is
experiencing difficulty in obtaining employment or is currently underemployed
as defined in the Comprehensive Employment and Training Act, Section 675.4
(1979), and is experiencing difficulty in upgrading employment. [1977 c.150 §1;
1979 c.572 §1]
Note: 411.900 to 411.910 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
411 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
411.905
Programs for displaced homemakers; scope of activities. The Director of Human Services shall
establish multipurpose service programs for displaced homemakers to be staffed
to the maximum extent feasible by displaced homemakers. The programs shall
include, but are not limited to:
(1) Job placement, counseling and
development services designed for a displaced homemaker entering the job market
after a number of years as a homemaker outside of the labor force;
(2) Job training services developed in
cooperation with public and private employers to train displaced homemakers for
available jobs in the public and private sectors, taking into account the
skills and job experiences of a homemaker and to assist displaced homemakers in
gaining admission to existing public and private job training programs;
(3) Health education and counseling
services with respect to general principles of preventative health care, health
care consumer education particularly selection of physicians and health care
services, family health care and nutrition education, addiction to drugs,
controlled substances or alcohol and other related health care matters;
(4) Financial management services which
provide information and assistance on insurance, taxes, estate and probate
problems, mortgages, loans and other related financial matters;
(5) Coordination of program services and
existing community services which may benefit the displaced homemaker; and
(6) Information and referral services
which will assist the displaced homemaker to identify and access resources
designed to facilitate the development of independence and economic
self-sufficiency in the client. [1977 c.150 §2; 1979 c.572 §2; 1979 c.744 §19;
1987 c.158 §72]
Note: See note under 411.900.
411.910
Contracts with public and private agencies to carry out programs. (1) In carrying out the duties described in
ORS 411.905, the Director of Human Services may enter into contracts with and
make grants to public and private agencies for the purpose of establishing and
operating multipurpose service programs.
(2) In entering into contracts and making
grants for the purpose of establishing and operating multipurpose service
programs the director shall establish priorities among qualified public and
private agencies on the basis of financial need, geographic distribution,
community support and volunteer participation. [1977 c.150 §3; 1979 c.572 §3]
Note: See note under 411.900.
411.920 [1999 c.1019 §1; 2001 c.684 §5; renumbered
660.309 in 2001]
411.923 [1999 c.1019 §2; repealed by 2001 c.684 §38]
411.926 [1999 c.1019 §3; 2001 c.684 §6; renumbered
660.321 in 2001]
411.929 [1999 c.1019 §4; 2001 c.684 §14; renumbered
660.324 in 2001]
411.932 [1999 c.1019 §5; 2001 c.684 §7; renumbered
660.333 in 2001]
411.935 [1999 c.1019 §6; 2001 c.684 §8; renumbered
660.330 in 2001]
411.950 [1983 c.753 §5; repealed by 2001 c.900 §261]
411.955 [1983 c.753 §6; repealed by 2001 c.900 §261]
411.960 [1983 c.753 §7; repealed by 2001 c.900 §261]
PUBLIC ASSISTANCE
ACCESSIBILITY PROGRAM
411.965
Policy on program accessibility. The Legislative Assembly finds:
(1) That many persons eligible for public
assistance programs, especially those with the lowest incomes and the greatest
need for assistance, are precluded from receiving benefits because of program
inaccessibility;
(2) That program inaccessibility stems
from barriers that arise in learning of the availability of benefits, in
applying for benefits and in maintaining eligibility once eligibility is established;
(3) That a gap often exists between the
reading and literacy skills possessed by potential applicants to programs and
the skills demanded for completion of agency application forms and procedures.
Most persons eligible for public assistance programs read at below the
eighth-grade level and most public assistance forms require more than an
eighth-grade reading level;
(4) That simplifying program rules and
rewriting forms and brochures to close the literacy gap would contribute to
decreasing the program error rate and saving program costs; and
(5) That the Department of Human Services
would better serve the people of the State of
411.967
Forms and notices to be in plain language. Every form, notice, brochure or other written material of the
Department of Human Services intended for use by persons inquiring about,
applicants for or recipients of public assistance shall be written in plain
language. A form, notice, or brochure is written in plain language if it
substantially complies with all of the following tests:
(1) Uses short sentences and paragraphs;
(2) Uses everyday words readable at an
eighth-grade level of reading ability;
(3) Uses simple and active verb forms;
(4) Uses type of readable size;
(5) Uses uppercase and lowercase letters;
(6) Heads sections and other subdivisions
with captions which fairly reflect the content of the section or subdivision
and which are in boldfaced type or otherwise stand out significantly from the
text;
(7) Uses layout and spacing which separate
the paragraphs and sections of the document from each other and from the
borders of the paper;
(8) Is written and organized in a clear
and coherent manner;
(9) Is designed to facilitate ease of
reading and comprehension; and
(10) Is readable at the sixth-grade level
of reading ability except for vocabulary referred to in subsection (2) of this
section. [1987 c.3 §3(1)]
411.969
Informational materials for applicants. (1) The Department of Human Services shall publish, make available and
publicize to all persons inquiring about, applicants for and recipients of
public assistance the following informational materials:
(a) Brochures enumerating and explaining
the public assistance programs administered by the department; and
(b) Publications explaining how public
assistance programs function, including but not limited to how grants are
calculated, how overpayments are calculated, how child support is handled, the
effect of earnings on grants, hearing rights and the right of the recipient to
see the recipients file.
(2) All notices of overpayments shall show
the calculation of the overpayment and contain an explanation of the calculation.
[1987 c.3 §4]
411.972
Receipts for documents supplied by applicants and recipients. The Department of Human Services shall
provide written receipts to applicants and recipients for all documents
delivered to a local office by the applicant or recipient upon the request of
the applicant or recipient. [1987 c.3 §5; 2001 c.900 §248]
411.975
Time for issuance of recipient checks; effect of delay. (1) For all recipients who are on the
monthly reporting system, the Department of Human Services shall have 10
calendar days from the date the department receives a complete monthly report
to issue the recipients assistance check for that month.
(2) If the department fails to issue a
check in a timely manner pursuant to this section, the recipient may request same
day issuance of the check from the local office. The department shall pay the
recipient a sum equal to one-tenth of the households monthly assistance grant
if the department fails to issue the check the same day. The payment shall be
treated as a resource and not counted as income by the department.
(3) As used in this section, same day
means that the request is received by the local office before 12 noon. [1987
c.3 §6; 2001 c.900 §249]
411.977
Treatment of applicants and recipients; grievance procedure. (1) All applicants for and recipients of
public assistance shall be treated in a courteous, fair and dignified manner by
Department of Human Services personnel.
(2) Any applicant or recipient who alleges
discourteous, unfair or undignified treatment by department personnel or
alleges that incorrect or inadequate information regarding public assistance
programs has been provided by department personnel may file a grievance with
the department. The department shall publicize the grievance system in each
local office.
(3) The grievance shall be discussed first
with the supervisor of the employee against whom the grievance is filed. If the
grievance is not resolved, the applicant or recipient may discuss the grievance
with the local office manager.
(4) The department shall compile a monthly
report summarizing each grievance filed against department personnel and the
action taken. The report shall identify each grievance by local office and
indicate the number of grievances filed against individual employees. The
report shall protect the anonymity of department personnel. The report shall be
presented to the Family Services Review Commission and to all county public
welfare boards. [1987 c.3 §7; 2001 c.900 §97]
411.979 [1987 c.3 §8; repealed by 1993 c.742 §36]
PENALTIES
411.990
Penalties. (1) Violation of
ORS 411.320 or 411.335 is punishable, upon conviction, by a fine of not more
than $1,000 or by imprisonment in the county jail for not more than 60 days, or
by both.
(2) Violation of any provision of ORS
411.630 or 411.840 is a Class C felony which may be reduced to a Class A
misdemeanor in accordance with ORS 161.705.
(3) Violation of ORS 411.675 is a Class C
felony.
(4) Criminal prosecution of violators of
ORS 411.675 shall be commenced in accordance with ORS 131.125 (6) and (7). [Subsection
(2) of 1959 Replacement Part enacted as 1955 c.501 §3; subsection (3) of 1959
Replacement Part enacted as 1953 c.500 §10; part renumbered 416.990; 1963 c.599
§18; 1977 c.669 §2; 1981 c.713 §1; 1983 c.609 §5; 1989 c.831 §2; 1997 c.427 §2]
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