Oregon Bulletin
Rule
Caption: Changing OARs affecting public
assistance, medical assistance, or Supplemental Nutrition Assistance Program
clients.
Adm.
Order No.: SSP 30-2011(Temp)
Filed with Sec. of
State: 11-1-2011
Certified to be
Effective: 11-1-11 thru 4-29-12
Notice Publication
Date:
Rules Amended: 461-135-0075, 461-190-0211
Subject: OAR 461-135-0075 about the limitation on the
eligibility period for the Temporary Assistance for Needy Families (TANF)
program is being amended to state that months beginning October 1, 2011 in
which a filing group is a two-parent family eligible for cash assistance based
on the unemployment or underemployment of the primary wage earner do not count
towards the 60-month limitation on the TANF eligibility period.
OAR 461-190-0211
about case plan activities and standards for support service payments for the
Department’s Temporary Assistance for Needy Families Job Opportunity and Basic
Skills (JOBS) program is being amended to modify program restrictions
implemented July 1, 2011 as a result of budget reductions from the 2011
legislative session. The changes include: Allowing individuals exempt from JOBS
participation because of a child under two to volunteer for the JOBS program as
district slots are available; Extending the length of unpaid work-site
agreements from 60 days to four months in order to increase the period of time
individuals may participate in work experience and supported work. The extended
period could increase the number of employers interested in offering work-site
slots, expanding the variety of work experience opportunities available to
participants; Removing the monthly transportation support services limit of $50
per month which will allow flexibility to address family needs within the
monthly maximum support services limit; and Increasing the monthly maximum
support services limit per family by $50 which will offset the impact the
removal of the $50 monthly transportation limit will have against child care
and other support services within the monthly maximum.
Rules Coordinator: Annette Tesch—(503) 945-6067
461-135-0075
Limitation on Eligibility Period;
TANF
(1) A minor parent head of household or an adult may
not receive a TANF grant in Oregon if the minor parent head of household or
adult has received a TANF grant in excess of 60 months except as allowed in
this rule.
(2) The following months do not count toward the time
limit in section (1) of this rule:
(a) Months prior to July 1, 2003 in which a minor
parent head of household or an adult received a TANF grant in Oregon or another
state.
(b) Months between July 1, 2003 and September 30, 2007
in which a minor parent head of household or adult received TANF in Oregon; and
(A) Participated in required JOBS activities or other
education, employment, or job training program including teen parent programs;
or
(B) Was not required to participate in JOBS activities
or other education, employment, or job training program including teen parent
programs.
(c) Months beginning July 1, 2003 in which the family
resided in Indian Country (as defined in 18 U.S.C. 1151) and 50 percent or more
of the adult residents of that area were unemployed.
(d) Months beginning October 1, 2007 in which the minor
parent head of household or adult is a participant in the Oregon JOBS Plus,
Pre-TANF, Post-TANF, or SFPSS programs.
(e) Months between October 1, 2007 and June 30, 2009
and months beginning October 1, 2011 in which the filing group (see OAR
461-110-0330) is a two-parent family receiving cash assistance in Oregon for
which deprivation is based on unemployment or underemployment of the primary
wage earner.
(f) Months beginning October 1, 2007 in which the
individual who is now a parent or pregnant was in that month a minor child and
neither the head of a household nor married to the head of a household.
(g) Months beginning October 1, 2007 in which a minor
parent head of household or adult received aid in Oregon and is a participant
in the Degree Completion Initiative (DCI) activity (see OAR 461-001-0025)
enrolled in an educational institution.
(h) Months beginning October 1, 2008 in which a minor
parent head of household or adult received aid in Oregon and is a participant
in the Parents as Scholars (PAS) activity (see OAR 461-001-0025) enrolled in an
educational institution consistent with OAR 461-190-0199.
(i) Months beginning October 1, 2007 in which the
individual is unable to obtain or maintain employment for a sufficient number
of hours in a month to satisfy the federally required participation rates (see
OAR 461-001-0025) because the individual:
(A) Is a victim of domestic violence (see OAR
461-001-0000);
(B) Has a certified learning disability;
(C) Has a verified alcohol and drug or mental health
condition;
(D) Has a child with a disability (see OAR
461-001-0000), which prevents the parent from obtaining or keeping employment;
(E) Is an individual with a disability;
(F) Is providing care for a family member who lives in
the home and is an individual with a disability;
(G) Is deprived of needed medical care; or
(H) Is subjected to battery or extreme cruelty. For
purposes of this rule, an individual is subjected to battery or extreme cruelty
if the individual has been subjected to one or more of the following:
(i) Physical acts that resulted in, or threatened to
result in, physical injury to the individual.
(ii) Sexual abuse.
(iii) Sexual activity involving a dependent child.
(iv) Being forced as the caretaker relative of a
dependent child to engage in nonconsensual sexual acts or activities.
(v) Threats of, or attempts at, physical or sexual abuse.
(vi) Mental abuse.
(vii) Neglect or deprivation of medical care.
(j) Months beginning July 1, 2008 in which the
individual does not qualify for any other TANF time-limit exemption under this
rule, and is unable to obtain or maintain employment for a sufficient number of
hours in a month to satisfy the federally required participation rates (see OAR
461-001-0025) when Oregon’s statewide average unemployment rate as published by
the Oregon Employment Department is equal to or greater than seven percent. For
purposes of this rule, this determination is calculated based on a six-month
period as follows:
(A) The time period during July 1, 2008 through June
30, 2009 is based on Oregon’s statewide average unemployment rate as published
by the Oregon Employment Department for the period July 1, 2008 through
December 31, 2008.
(B) In each six-month period, starting July 1, 2009:
(i) The time period during January 1 through June 30 is
based on Oregon’s statewide average unemployment rate as published by the Oregon
Employment Department for the period April 1 through September 30 of the
preceding year.
(ii) The time period during July 1 through December 31
is based on Oregon’s statewide average unemployment rate as published by the
Oregon Employment Department for the period October 1 through December 31 of
the preceding year and January 1 through March 31 of the current year.
(3) Months that do not count toward the time limit
based on a condition described in paragraphs (2)(i)(B) to (2)(i)(F) of this
rule require documentation from a licensed or certified professional qualified
to make such a determination.
(4) A minor parent head of household or an adult may
not be denied a TANF grant under section (1) of this rule during months that
qualify as exempt from time limits under sections (2), and (3) of this rule.
(5) Each minor parent head of household and adult who
qualifies for a TANF grant under this rule must also meet all other TANF
eligibility requirements and cooperate with the requirements of his or her case
plan, unless good cause (see OAR 461-130-0327) exists.
(6) Except as provided otherwise in section (4) of this
rule, a minor parent head of household or an adult in the benefit group who
exceeds the 60-month time limit is removed from the need group (see OAR 461-110-0630).
When a minor head of household or adult is removed from the need group under
this section, the remaining need group members may continue to receive TANF
benefits.
(7) If a minor parent head of household or adult
qualifies under sections (2), (3), or (4) of this rule, any disqualifications
that have been accrued for the benefit group remain in place.
Stat. Auth.: ORS 411.060, 412.049
& 412.079
Stats. Implemented: ORS 411.060,
411.117, 412.049 & 412.079
Hist.: AFS 27-1996, f. 6-27-96,
cert. ef. 7-1-96; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 9-1997, f.
& cert. ef. 7-1-97; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; SSP
15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 11-2007(Temp), f. & cert. ef.
10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP
22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; SSP 26-2008, f.
12-31-08, cert. ef. 1-1-09; SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09
thru 12-28-09; SSP 13-2009, f. & cert. ef. 7-1-09; SSP 15-2009(Temp), f.
& cert. ef. 7-1-09 thru 12-28-09; SSP 28-2009, f. & cert. ef. 10-1-09;
SSP 30-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12
461-190-0211
Case Plan Activities and Standards
for Support Service Payments; JOBS, Post-TANF, REF, SFPSS, TA-DVS, TANF,
TANF-EDP
Notwithstanding any other administrative rule in
Chapter 461 and subject to the limitations of state funding, the following
special provisions apply:
(1) As provided in all of the following subsections,
participation in a case plan (see OAR 461-001-0025) activity (see OAR
461-001-0025) is limited to:
(a) An individual who is determined to be a
work-eligible individual according to federal definition (45 CFR 261.2(n)(1)).
Unless subsection (d) of this section applies, no individual may volunteer to
participate in an activity of a case plan if not otherwise determined to be a
work-eligible individual.
(b) An individual who is an applicant in the TANF
Eligibility Determination Period (TANF-EDP) or a recipient of TANF program
benefits.
(c) Except in the JOBS Plus program, the minimum number
of hours to meet federally required participation rates (see OAR 461-001-0025).
(d) An individual who is not a teen parent (see OAR
461-001-0000) and who is otherwise exempt from JOBS requirements as a one-parent
household with a dependent child (see OAR 461-001-0000) under two years of age
may volunteer, subject to the availability of services within the local
district.
(2) For eligible individuals, subject to the
requirements and limitations in sections (1), (5), (6), and (7) of this rule,
the following activities will be available and include support services (see
OAR 461-001-0025) payments:
(a) Job search (see OAR 461-001-0025).
(b) JOBS Plus (see OAR 461-001-0025 and OAR
461-101-0010) is limited to six months per individual.
(c) Work experience (see OAR 461-001-0025), alone or in
combination with any other unpaid volunteer work, is limited to a four-month,
work-site agreement per individual.
(d) Sheltered or supported work (see OAR 461-001-0025),
alone or in combination with any other unpaid volunteer work, is limited to a
four-month, work-site agreement per individual.
(e) High School or GED (see OAR 461-001-0025) limited
to a teen parent (see OAR 461-001-0025).
(f) Parents as Scholars (see OAR 461-001-0025).
(3) The following activities will be available but will
not include support services payments:
(a) Domestic Violence Intervention.
(b) Family Stability (see OAR 461-001-0000).
(c) Family Support & Connection.
(d) Post-TANF.
(e) Program entry (see OAR 461-001-0025).
(f) Self Initiated Training (see OAR 461-001-0025).
(g) SSI Application Process.
(h) Unsubsidized employment (work).
(4) Participation in an activity is based on whether an
individual is Job Ready, Near Job Ready, or Not Job Ready.
(a) Job Ready means the individual has no barrier (see
OAR 461-001-0025) or current barriers do not impact participation or
employment. In addition, the individual has all of the following:
(A) Prior stable work history, either paid or unpaid.
(B) Had not voluntarily quit or been dismissed from
their most recent employment (see OAR 461-135-0070), without good cause (see
OAR 461-135-0070).
(C) Reliable or available transportation.
(D) No outstanding legal issues that would impact or
prevent employment.
(E) Access to reliable child care within support
services limits, or does not need help to pay for child care, or does not need
child care.
(b) Near Job Ready means the individual has minimal
barriers to participation or employment and the individual is addressing the
barriers. In addition, the individual has all of the following:
(A) Limited or no work history, either paid or unpaid.
(B) Reliable or available transportation.
(C) No outstanding legal issues that would impact or
prevent employment, or such legal issues are identified and are being
addressed.
(D) Access to reliable child care within support
services limits, or does not need help to pay for child care, or does not need
child care.
(c) Not Job Ready means the individual has one or more
barriers to participation or employment or is in crisis, and the individual is
not addressing the barriers. For example, the individual has one or more of the
following:
(A) Lack of stable housing that is preventing
participation in an activity or employment.
(B) Domestic violence, mental health or alcohol and
drug issues, and the individual is not addressing the issue.
(C) Medical issues that prevent participation in an
activity or employment.
(D) Outstanding legal issues that would impact or
prevent employment.
(E) Literacy issues that impact the ability for the
individual to participate in an activity or obtain employment.
(5) In approving JOBS program support services
payments, the Department must consider lower cost alternatives. It is not the
intent of the Department or of this rule to supplant Department funding with
other funding that is available in the community. It is the Department’s
expectation that case managers and clients will work collaboratively to seek
resources that are reasonably available to the client in order to participate
in activities.
(6) Payments for support services are only provided
when:
(a) Necessary to participate in activities in a signed
case plan;
(b) Authorized in advance; and
(c) All other provisions of this rule are met.
(7) Payments for support services are subject to the
following limitations:
(a) Job Ready individuals may be eligible for child
care, transportation, or other support services.
(b) Near Job Ready individuals may be eligible for
child care, transportation, or other support services.
(c) Not Job Ready individuals are not eligible for
support services.
(d) A teen parent (see OAR 461-001-0000) may be
eligible for child care, transportation, or other support services, for
participation in a basic education (see OAR 461-001-0025) component (see OAR
461-001-0025).
(e) Except as permitted in subsection (f) of this
section, there is a:
(A) $500 maximum per filing group, per month, for a
filing group who resides in the District 2, 4, 5, 9, 10, 15, or 16 service
area.
(B) $425 maximum per filing group, per month, for a
filing group who resides in the District 1, 3, 6, 7, or 8 service area.
(C) $350 maximum per filing group, per month, for a
filing group who resides in the District 11, 12, 13, or 14 service area.
(f) Within the limits of available funds and only with
supervisory approval, support services may exceed the monthly limits in
subsection (e) of this section for individuals --
(A) Who meet sections (1) and (4) of this rule;
(B) Who are determined to be highly likely to obtain
employment based on demonstrated JOBS participation history or through agency
assessment forms;
(C) Who could not otherwise obtain employment or
participate in gaining work-site experience;
(D) When lower cost alternatives do not exist; and
(E) If the number of months the filing group receives
support services in excess of the monthly limits in subsection (e) of this
section is limited to four months per 12-month period.
(g) Child Care. Payments for child care may be
authorized, as limited by OAR 461-160-0040, if necessary to enable a
single-parent Job Ready or Near Job Ready individual or single teen parent to
participate in an approved JOBS program activity specified in the individual’s
case plan. If authorized, payment for child care will be made for the lesser
of:
(A) The maximum monthly support services amount based
on District service area under this section of the rule. Authorized child care
is subject to and counted towards the maximum monthly support services amount
per filing group.
(B) The lesser of the actual rate charged by the care
provider and the rate established in OAR 461-155-0150. The Department rate for
children in care less than 158 hours in a month is limited by OAR 461-155-0150,
except that the cost of child care may be paid up to the monthly maximum when
children are in care less than 158 hours per month and the individual is a teen
parent using on-site care while attending education activities.
(C) The minimum hours necessary, including meal and
commute time, for the individual to participate in an approved JOBS program
activity.
(h) Transportation. The Department may provide payments
for a Job Ready or Near Job Ready individual or teen parent for transportation
costs incurred in travel to and from an approved JOBS program activity. Payment
is made only for the cost of public transportation or the cost of fuel.
Payments are subject to the following considerations:
(A) Payment for transportation is subject to and
counted towards the maximum monthly support services amount per family.
(B) Payment for public transportation is a priority
over payment for a privately owned vehicle.
(C) Payment for fuel costs for a privately-owned
vehicle is provided if the Job Ready or Near Job Ready individual, teen parent,
or the individual providing the transportation has a valid driver’s license and
vehicle insurance and either of the following is true:
(i) No public transportation is available or the Job
Ready or Near Job Ready individual or teen parent is unable to use public
transportation because of a verifiable medical condition or disability for
which no accommodation is available.
(ii) Public transportation is available but is more
costly than the cost of fuel.
(i) Housing and Utilities. Payments for housing and
utilities are not allowed.
(j) Other Payments. The Department may provide payments
to individuals for costs directly related to obtaining unsubsidized employment
which are subject to and counted towards the maximum monthly support services
amount per filing group.
(8) The Department may require an individual to provide
verification of a need for, or costs associated with, support services prior to
approval and issuance of payment if verification is reasonably available.
(9) The Department may reduce, close, or deny in whole or
in part an individual’s request for a support services payment in the following
circumstances:
(a) The individual is disqualified for failing to
comply with a case plan, unless the payment in question is necessary for the
individual to demonstrate cooperation with his or her case plan.
(b) The purpose for the payment is not related to the
individual’s case plan.
(c) The individual disagrees with a support services
payment offered or made by the Department as outlined in the individual’s case
plan.
(d) The individual is not determined to be a Job Ready
or Near Job Ready individual or teen parent.
Stat. Auth.: ORS 411.060, 412.006,
412.009, 412.014, 412.049, 412.124, 2011 Or. Laws 604
Stats. Implemented: ORS 411.060,
412.001, 412.006, 412.009, 412.014, 412.049, 412.124, 2011 Or. Laws 604
Hist.: AFS 23-1990, f. 9-28-90,
cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 9-1991, f.
3-29-91, cert. ef. 4-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS
12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93;
AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 36-1996, f. 10-31-96, cert. ef.
11-1-96; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 2-1999, f. 3-26-99, cert.
ef. 4-1-99; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 33-2003, f. 12-31-03,
cert. ef. 1-4-04; SSP 21-2004, f. & cert. ef. 10-1-04; SSP 11-2005(Temp),
f. & cert. ef. 9-1-05 thru 12-31-05; SSP 19-2005, f. 12-30-05, cert. ef.
1-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008,
f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP
32-2010, f. & cert. ef. 10-1-10; SSP 42-2010(Temp), f. 12-30-10, cert. ef.
1-1-11 thru 6-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11; SSP
19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SSP 25-2011, f.
9-30-11, cert. ef. 10-1-11; SSP 30-2011(Temp), f. & cert. ef. 11-1-11 thru
4-29-12
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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