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Oregon Bulletin

December 1, 2011

 

Department of Human Services,
Children, Adults and Families Division:
Self-Sufficiency Programs
Chapter 461

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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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