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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS

 

DIVISION 193

REFUGEE PROGRAMS

461-193-0000

Client Rights; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

In the New Arrival Employment Services (NAES) and Refugee Case Services Project (RCSP) programs, a client has, in addition to the rights under OAR 461-105-0010, the rights described in this rule. The project worker must explain these rights to the client both orally and in writing. A client has the right to:

(1) Information about services administered under the program.

(2) Receive a decision on eligibility promptly and no later than the tenth calendar day from the intake date.

(3) Refuse social services unless the service is court ordered or related to an employment plan under OAR 461-193-0042.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 5-2010, f. & cert. ef. 4-1-10

461-193-0010

Client Responsibilities; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

In the NAES and RCSP programs, to be eligible for benefits a client and a client's spouse residing in the same household must do all of the following:

(1) Provide true, complete, and accurate information required to determine eligibility and verify that information, to the extent permitted by the client's physical and mental condition, or authorize the Resettlement Agency to obtain verification.

(2) Comply with the eligibility requirements of the project.

(3) Report within ten working days any changes that could affect eligibility for benefits (see OAR 461-170-0011).

(4) Repay any overpayment of cash assistance benefits.

(5) Accept social services that are court ordered or related to a case plan.

(6) Cooperate during a case review by providing the requested information and verification.

(7) Complete the application process or inform the Resettlement Agency of the decision to withdraw the application for program benefits.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0031

Eligibility Requirements; Refugee Case Services Project (RCSP)

In the RCSP program, to be eligible an applicant must meet the requirements of sections (1) to (6) of this rule, and section (7) if section (7) applies:

(1) Meet all REF or TANF program eligibility (see OAR 461-001-0000) requirements.

(2) Meet the alien status requirements under OAR 461-120-0125.

(3) Reside in Clackamas, Multnomah, or Washington County.

(4) Have resided in the U.S. for eight months or less. The first month is, for an individual meeting the alien status requirements of OAR 461-120-0125:

(a) Subsections (8)(a), (c), (d), or (e), the month the individual entered the United States.

(b) Subsections (8)(b), (f), or (g), the month the individual was granted the individual's immigration status.

(c) Subsection (8)(h):

(A) If the individual entered the U.S. with special immigrant status, the month the individual entered the United States.

(B) If the individual is granted special immigrant status after entering the U.S., the month in which the special immigrant status was granted.

(d) Each month in the U.S. is counted as a whole month, there is no prorating of any month.

(5) Be 64 years old or younger.

(6) Not be enrolled as a full-time student or intending to enroll as a full-time student within six months of RCSP program intake.

(7) For a newborn, a parent must provide verification of the child's birth, including the date of birth. The newborn child's U.S. arrival date and eligibility period are the same as those for the child's mother.

(8) An RCSP case may be opened in cases of family reunification, when a newly arrived adult refugee is permitted to establish a separate filing group under OAR 461-110-0430(2).

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116, 412.006, 412.049
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.116, 412.006, 412.049
Hist.: AFS 9-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 13-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12

461-193-0042

Refugee Project Employment Requirements and Employment Plan; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

In the RCSP program:

(1) Except for a client meeting OAR 461-193-0240, each adult client must participate in the NAES program.

(2) Each NAES program client is required to have an employment plan and must be actively engaged in NAES program employment activities as specified in the individual's employment plan.

(3) The job developer and client develop an individualized employment plan agreed to by the client and the job developer.

(a) The job developer uses proven methods for encouraging the full engagement of the client and the development of the employment plan. These proven methods include, but are not limited to, strength-based case management and motivational interviewing.

(b) The employment plan may be modified whenever circumstances change.

(4) The employment plan:

(a) Is individualized and developed with the client and in cooperation with appropriate partner agencies or other professionals.

(b) Identifies client goals and activities to help the client meet those goals.

(A) Activities promote both family stability and financial independence.

(B) Activities help reduce or eliminate barriers to self-sufficiency, employment, job retention, wage enhancement, and full participation in the NAES program.

(C) For a client with a disability (see OAR 461-001-0000), the goal of the employment plan is to promote greater independence. The employment plan may include physical and mental health treatment.

(D) The employment plan includes agreed upon support services needed to enable the client to successfully complete the plan.

(E) The employment plan includes identified accommodations or modifications necessary for the client to successfully complete the employment plan.

(F) Activities are based on information obtained in screenings and evaluations, and are intended to build on client strengths.

(c) A client must inform the job developer of any circumstance that may require a change to the provisions of the employment plan.

(d) A client who disagrees with any provision of an employment plan may seek resolution of the disagreement through the re-engagement process (see OAR 461-193-0960).

(5) The employment plan is complete and binding when the client is informed of its contents, it is signed by the job developer and client, and the client has been offered a copy of the plan.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 9-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 13-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 5-2010, f. & cert. ef. 4-1-10

461-193-0130

Definitions; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

The following definitions apply to rules about the NAES and RCSP programs in Chapter 461:

(1) "Asylee" means a refugee granted asylum under Section 208 of the Immigration and Nationality Act. Most asylees are granted asylum after arriving in the United States. Others are admitted to the United States from another country so that they can join a family member who has already received asylum.

(2) "Case head" means the case member who is responsible for providing information necessary to determine eligibility and calculate benefits, and report income. The case head may be either adult in the case.

(3) "Emancipated youth" means a child determined to be a single case by the U.S. Citizenship and Immigration Services or who has been emancipated legally.

(4) "Family reunification case" means a newly arrived refugee joining a nuclear family member already residing in the United States.

(5) "NAES" means New Arrival Employment Services, the employment component for clients in the RCSP program.

(6) "New arrival" means a refugee who originally resettled in Oregon.

(7) "RCSP" means Refugee Case Services Project, a partnership operated through a contract between the Department's Refugee program and a voluntary agency that resettles newly arrived refugees, to provide case management of cash assistance to a refugee settling in Multnomah, Clackamas, or Washington County.

(8) "Secondary migrant" means a refugee who originally resettled in another state, and was part of another state's Department of State Reception and Placement counts, who has since moved to Oregon.

Stat. Auth.: ORS 411.060, 411.116
Stats. Implemented: ORS 411.060, 411.070, 411.135, 412.006, 412.049, 414.025
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 6-1997, f. 5-28-97, cert. ef. 6-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 13-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0185

Countable Assets; Refugee Case Services Project (RCSP)

In the RCSP program, the rules in divisions 140 and 145 of this chapter of rules determine the treatment of specific assets (see OAR 461-001-0000) for determining eligibility (see OAR 461-001-0000) and benefit amount.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 22-1997, f. & cert. ef. 12-1-97; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0190

Applying; Refugee Case Services Project (RCSP)

In the RCSP program:

(1) An application form is readily available to anyone requesting one. The program assists a client unable to complete the application form or gather information necessary to verify eligibility.

(2) If an applicant files an application containing the applicant's name and address, the program must send the applicant a decision notice (see OAR 461-001-0000).

(3) An applicant must file an application, or may amend an application already complete, as a prerequisite to receiving benefits as follows:

(a) Except as provided in section (7) of this rule, an applicant wishing to apply for RCSP program benefits must submit a complete application on a form approved by the RCSP program.

(b) An application is complete when all of the following requirements are met:

(A) All information necessary to determine the individual's eligibility and benefit amount is provided on the application for each individual in the filing group.

(B) The applicant, even if homeless, provides a mailing address.

(C) The application is signed. An individual required but unable to sign the application may sign with a mark, witnessed by another individual.

(D) The application is received by the RCSP program.

(4) To complete the application process, the applicant or authorized representative must complete and sign an application, apply at the appropriate location, provide necessary information to the RCSP program within the time frame required, and meet the interview requirements of OAR 461-115-0230.

(5) If the RCSP program requires additional information to determine eligibility, the client is entitled to a written notice that includes a statement of the specific information needed to determine eligibility and the date by which the client must provide the required information to the program.

(6) An applicant may withdraw an application at any time.

(7) A new application is not required in the following situations:

(a) When the case is closed and reopened during the same calendar month.

(b) When benefits were suspended for one month because of the level of income, and the case is reopened the month following the month of suspension.

(c) To add a newborn child to a benefit group (see OAR 461-110-0750), but a parent in the benefit group must re-sign and date the current application.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 22-1997, f. & cert. ef. 12-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0221

Training Activities; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

(1) NAES program training services are provided in coordination with the RCSP program.

(2) In the NAES program:

(a) Only selected and approved client vocational training is considered a higher service priority than job search, job referral, or job placement activities.

(b) A client in a training program must remain a student in good standing and make satisfactory progress in the program.

(c) A client must agree to attend daily classes and to report absences to the instructor in a timely manner.

(d) Each client must be told of the consequences of poor attendance. Poor attendance in a training program is a noncooperation issue (see OAR 461-193-0042).

(e) Each client is responsible for arranging transportation and child care to attend the training program. Lack of child care or transportation is not a valid barrier to participation in training classes.

(f) The provided training must include monitoring.

(3) The job worker must review the client's progress at the end of each month and when training is completed.

(4) The instructor monitors attendance and informs the job worker of all absences.

(5) The training instructor completes a detailed exit evaluation of each training participant. The evaluation covers the client's motivation to seek employment and to learn English, skills and knowledge gained by the class, barriers removed, and behavior likely to affect employment.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 9-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0240

Exemption From Participating; New Arrival Employment Services (NAES)

(1) Participation in the NAES program is limited to RCSP program adult clients and refugees who would be eligible for the RCSP program, but have been in the U.S. for more than eight months and less than 13 months.

(2) An adult client is exempt from participation in or disqualification from the NAES program when the client meets the requirements of OAR 461-130-0310.

Stat. Auth.: ORS 411.060, 411.116, 412.006
Stats. Implemented: ORS 411.060, 411.116, 412.006
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 13-2010(Temp), f. & cert. ef. 5-17-10 thru 11-13-10; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12

461-193-0246

Employment Incentive; New Arrival Employment Services (NAES)

In the NAES program:

(1) A client is eligible for an employment incentive only while active in the NAES program.

(2) To be eligible for an employment incentive, a client must meet the requirements of one of the following subsections:

(a) The client must retain full-time employment for 90 days. Eligibility for the incentive starts on the 90th day of employment.

(b) The client must be employed in two part-time jobs concurrently, totaling at least 35 hours per week. Eligibility for the incentive starts on the 90th day of the job which makes the work week total to 35 hours per week or more.

(3) A client may receive only one 90-day employment incentive.

Stat. Auth.: ORS 409.050, 411.060
Stats. Implemented: ORS 409.010, 411.060
Hist.: AFS 9-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 10-1-95; 41-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 15-1996, f. 4-29-96, cert. ef. 5-1-96; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 22-1997, f. & cert. ef. 12-1-97; AFS 13-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 18-2003, f. & cert. ef. 7-1-03; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12

461-193-0320

Effective Dates for Cash Assistance; Refugee Case Service Project

In the Refugee Case Service Project (RCSP) , eligibility for cash assistance is according to the following dates:

(1) After all initial eligibility factors for the case are completed and verified, the initial cash assistance date is set as the date of the case service intake, except as stated in section (2).

(2) When all of the following subsections are met, the effective date for cash assistance is the first day of the month in which the date of application falls:

(a) The individual is eligible to receive REF assistance.

(b) The individual's entry to the United States:

(A) And application date fall within the same month; or

(B) Was in another state while in transit to Oregon for resettlement, and the application date falls in the second month of arrival in the United States.

(c) The individual has not received refugee cash assistance in any other state.

(3) For a child born in the United States to a refugee already enrolled in RCSP as per section (1) of this rule, the initial cash assistance date is set as the date of birth.

(4) For an applicant who quit a job or refused to accept an offer of employment without good cause (see OAR 461-193-0890) within 30 consecutive calendar days immediately prior to the application, the initial cash assistance eligibility is no earlier than the 30th day from the date of the job quit or job refusal.

(5) For cases in which a disqualification has been removed due to a client's compliance with participation requirements and completion of a cooperation period of two consecutive weeks as specified in a new employment plan, the cash eligibility date is the date the client agreed to re-engage, per OAR 461-193-1230.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.116, 412.006, 412.049
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.116, 412.006, 412.049
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. 2-1-94; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 2-1996(Temp), f. 1-30-96, cert. ef. 2-1-96; AFS 11-1996, f. 3-27-96, cert. ef. 4-1-96; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 8-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 5-1-00; AFS 14-2000, f. & cert. ef. 5-2-00; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 13-2013, f. & cert. ef. 7-1-13

461-193-0470

Eligibility Decision; Refugee Case Services Project (RCSP)

In the RCSP program:

(1) The RCSP program worker determines whether the applicant meets initial eligibility for the RCSP program.

(2) The final determination of eligibility is made by the Department's State Refugee Coordinator or designee.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 2-1996(Temp), f. 1-30-96, cert. ef. 2-1-96; AFS 11-1996, f. 3-27-96, cert. ef. 4-1-96; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0560

Payment Standards; Refugee Case Services Project (RCSP)

In the RCSP program:

(1) Except as provided in section (2) of this rule, the cash assistance payment standard amount for a client is the sum total of the TANF payment standard under OAR 461-155-0030(2) plus the Cooperation Incentive under OAR 461-155-0035(2).

(2) Effective October 1, 2010, the cash assistance payment standard amount for a client is the same as the TANF payment standard under OAR 461-155-0030(2)(b).

Stat. Auth.: ORS 409.010, 409.050, 411.060, 411.070, 412.006, 412.049
Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 412.006, 412.049
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. 2-1-94; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 6-1997, f. 5-28-97, cert. ef. 6-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 25-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03; SSP 3-2003(Temp), f. & cert. ef. 2-14-03 thru 6-30-03; SSP 18-2003, f. & cert. ef. 7-1-03; SSP 27-2003(Temp), f. & cert. ef. 10-1-03 thur 12-31-03; SSP 34-2003, f. 12-31-03 cert. ef. 1-1-04; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11

461-193-0670

Payment Controls; Refugee Case Services Project (RCSP)

In the RCSP program, a cash assistance benefit payment must be authorized by the RCSP program provider, approved by a supervisor, and documented on a Department approved project form. The final determination of eligibility is made as described in OAR 461-193-0470.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12

461-193-0690

Overpayments; Refugee Case Services Project (RCSP)

In the RCSP program:

(1) An overpayment is any cash payment made by the project that exceeds the amount a client is eligible for, and is received by, or on behalf of, that client. An overpayment may result from administrative or client error.

(2) Any overpayment amount is a debt and a delinquent account owed to the State of Oregon and is subject to collection. The project may recover the overpayment amount from the case head (see OAR 461-193-0130) and any adult who was a member of the case at the time of the overpayment. The project may recover an overpayment amount from any of the following sources or from any other source permitted by law:

(a) Reimbursement from the client.

(b) Reduction of ongoing benefits.

(c) The amount of any restoration of benefits otherwise payable to the client (ending a disqualification).

(d) An overpayment not immediately recoverable from a source specified in this section is subject to collection services through the Department.

(3) An overpayment may be paid in full or under a repayment schedule. Each repayment schedule must be approved by the case service supervisor, and the State Refugee Coordinator or designee.

(a) A repayment schedule must be one of the following:

(A) The total amount of the overpayment divided by the remaining months of case time eligibility.

(B) Voluntary deduction of the entire overpayment amount from the next cash assistance check, if the overpayment amount is less than the next cash assistance payment.

(C) Voluntary deduction from all future cash assistance payments until the overpayment is repaid.

(b) Cash repayment must be made according to the procedure determined by the State Refugee program.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0890

Good Cause; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

(1) A client has good cause for a failure to comply with a requirement of an employment program, including an activity (see OAR 461-001-0025) in an employment plan, in any of the following circumstances:

(a) Participation in a required activity in an employment plan would have an adverse effect on or be a risk to the client's physical or mental health or would expose the client to increased risk of domestic violence (see OAR 461-001-0000).

(b) Participation is likely to cause undue hardship for the client or a child of the client.

(c) The failure to comply was caused by the failure of the Department to provide or authorize a timely support service payment.

(d) Appropriate child care cannot be obtained for an individual in the household who has a disability (see OAR 461-001-0000) that substantially reduces or eliminates the individual's ability to care for himself or herself. "Appropriate child care" means that:

(A) Both the provider and the place where care is provided meet health, safety, and provider requirements under OAR 461-165-0180;

(B) The care accommodates the parent's work schedule; and

(C) The care meets the specific needs of the child, such as age and special-needs requirements.

(e) The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute.

(f) The work attachment position or employment requires the client to join a union, and the client has religious objections to unions.

(g) The client belongs to a union and the employment violates the conditions of the client's membership in the union.

(h) The wage for the client's current or potential job is:

(A) Less than applicable minimum wage; or

(B) If minimum wage laws do not apply, the wage or rate for piece work is less than that normally paid for similar work.

(i) The client's prospective employer engages in employment practices that are illegally discriminatory on the basis of age, sex, race, religious or political belief, marital status, disability, sexual orientation, or ethnic origin.

(j) The client's failure to participate is due to a circumstance beyond his or her reasonable control.

(k) When the failure to comply is caused by an aspect of the client's disability.

(l) The client has no means of transportation and would have to walk an unreasonable distance to meet the participation requirement. An "unreasonable distance" is a distance that requires a commute of more than two hours each day. The client must make a good-faith effort to secure the needed transportation.

(m) The hours or nature of the job interferes with the client's religious observances, convictions, or beliefs.

(n) The client accepts a job that, for reasons beyond the control of the client, does not materialize or results in fewer work hours or a lower wage than the client's previous job.

(o) The client is in her seventh or eighth month of pregnancy and either works in a job that requires her to work more than 10 hours each week or has a case plan (see OAR 461-001-0025) that requires her to participate more than 10 hours each week.

(p) The client quits a full-time job to accept another full-time job with a wage at least equal to the wage of the first job.

(q) The client makes a good faith effort to complete an activity on the employment plan but is unable to do so.

(2) A client is excused from a failure to comply with a requirement of an employment program for good cause when the client participates in suitable activities for the number of hours required each month to satisfy federally required participation rates (see OAR 461-001-0025).

(3) The Department does not require a client to provide verification of good cause if providing the verification would expose the client to increased risk of domestic violence.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 24-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0940

Disqualifications; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

In the NAES and RCSP programs:

(1) A client may be disqualified for failure to comply with the requirements of the program. A disqualification is initiated only after the client has had an opportunity to participate in the re-engagement process under OAR 461-193-0960.

(2) In the NAES program, the Department does not apply a disqualification until the Department:

(a) Determines the client is willfully non-compliant and does not have good cause (see OAR 461-193-0890) for failing to comply with a requirement of the program;

(b) Offers (and the client refuses) or conducts screenings (and assesses if appropriate) for physical or mental health needs, substance abuse, domestic violence, and learning needs;

(c) Determines the client has no barrier (see OAR 461-001-0025) or the client refuses to take appropriate steps to address any identified barrier;

(d) Determines the client has not met federally required participation rates (see OAR 461-001-0025); and

(e) Assesses the risk of harm posed to a child of the client by a reduction in cash assistance.

(3) Disqualifications are imposed under the following conditions and are progressive, with three levels of penalties:

(a) The first disqualification results in a $50 decrease in the payment standard for the case. This disqualification may be applied only one time during project eligibility.

(b) The second disqualification results in removal of the client from the need group (see OAR 461-110-0630).

(c) The third disqualification results in loss of cash assistance for the entire case.

(4) An applicant disqualified for failure to comply with the requirements of an employment program is treated the same as a client under section (1) of this rule.

Stat. Auth.: ORS 411.060, 411.116
Stats. Implemented: ORS 411.070, 411.135, 412.006, 412.049, 414.025
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 16-2000(Temp), f. 6-28-00, cert. ef. 7-1-00 thru 9-30-00; AFS 24-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-0960

Re-engagement; New Arrival Employment Services (NAES), Refugee Case Services Project (RCSP)

In the NAES and RCSP programs:

(1) When an aspect of the RCSP program or an employment plan is unmet or in dispute, the re-engagement process provides an opportunity for the client and the Department to:

(a) Review and re-evaluate the RCSP program expectations or the employment plan and other information about each strength and barrier (see OAR 461-001-0025) of the client;

(b) Identify participation expectations and concerns about participation and completion of each activity (see OAR 461-001-0025) in the RCSP program or the employment plan;

(c) Consider whether the employment plan is still appropriate;

(d) Develop options that support the client's full participation; and

(e) Revise the employment plan as appropriate.

(2) The re-engagement process assists the Department in identifying whether the client is unable to participate fully or is willfully non-compliant.

(a) If screenings for physical or mental health needs, substance abuse, domestic violence (see OAR 461-001-0000), or learning needs are incomplete, the re engagement process provides an additional opportunity to initiate screenings for any previously unidentified barrier to participation.

(b) Circumstances requiring a determination of whether good cause (see OAR 461-193-0890) exists include: disagreements about an RCSP program activity, the employment plan, irregular attendance at activities, missed appointments, failure to participate in a component of the case plan, and refusal to accept or maintain employment.

(3) The re-engagement process must assess the risk of harm posed to a child (see OAR 461-001-0000) in the filing group (see OAR 461-110-0430) by the potential reduction in aid payments and take steps to ameliorate any identified risk.

(4) The client, the Department, or the Department's contractor may initiate the re-engagement process. The re-engagement process is not a required activity.

(5) The Department will not disqualify a client based on the client's failure to participate in the re-engagement process.

(6) The client or Department may invite a partner agency, a Department contractor, an individual currently working with the client, or another individual with information relevant to the re-engagement process to any appointment or meeting scheduled as part of the re-engagement process.

(7) The re-engagement process ends when any of the following occurs:

(a) The Department and the client agree to a modified employment plan;

(b) Efforts to re-engage the client are unsuccessful;

(c) The Department determines the client meets the federally required participation rates (see OAR 461-001-0025);

(d) The client clearly indicates the intent not to participate in the re-engagement process;

(e) The client is willfully non-compliant and has the ability to be fully engaged;

(f) The client has no identified barrier to participation or refuses to take an appropriate step to address an identified barrier to participation in the program; or

(g) A client does not have good cause (see OAR 461-193-0890) for not complying with a requirement of the program, and the client is able but unwilling to address the issue through activities that address an identified barrier to participation or a case plan modification.

(8) When the re-engagement process ends unsuccessfully the Department may begin the process of disqualifying a client for failure to comply with a requirement of the NAES or RCSP program.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 25-1991, f. 12-30-91, cert. ef. 1-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 8-1995(Temp), f. 3-30-95, cert. ef. 4-1-95; AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-1140

Notice Situations; Refugee Projects

(1) All Refugee projects must have policy and procedures for sending a decision notice when project benefits and/or services are:

(a) Denied;

(b) Reduced; or

(c) Closed.

(2) For NAES and Refugee case service projects, the project worker shall send a decision notice to the participant according to the following time lines:

(a) For denials, give the decision notice to the applicant at the time of the intake.

(b) For disqualifications, send the decision notice at the time that noncooperation is established and no later than the fifteenth of the month preceding the month in which the action is to become effective.

(c) For time eligibility, send the decision notice no later than the first day of the month of closure.

(d) For cases that fail to provide MCIR and/or MCIR information, the provision included in the MCIR that informs clients that their case will close at the end of the current calendar month if they fail to submit an MCIR shall serve as notice. Send a notice confirming case closure at the end of the current calendar month to cases that fail to submit an MCIR by the end of that month.

(e) For all other closures, send the decision notice as soon as the information becomes known.

(f) For all disqualifications, reductions and closures, if the decision notice cannot be mailed the fifteenth of the month preceding the month in which the action is to become effective, the action to be imposed cannot be effective until the next month.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 20-2000, f. 7-31-00, cert. ef. 8-1-00; AFS 20-2001(Temp), f. & cert. ef. 9-20-01 thru 12-31-01; AFS 26-2001, f. 12-21-01, cert. ef. 1-1-02

461-193-1200

Cooperation Requirements; New Arrival Employment Services (NAES)

In the NAES program:

(1) A client must provide the information required by the Department. The required information includes information needed to:

(a) Determine if the client is mandatory to participate in the program;

(b) Assess the client's participation level in the NAES program;

(c) Assess whether a client has good cause (see OAR 461-193-0890) for any failure to meet a requirement of the NAES program; or

(d) If a medical condition is in question, provide the Department with a medical opinion from an appropriate medical professional.

(2) A client who is required to participate in the NAES program must do all of the following:

(a) Complete the assessment process and provide sufficient information for the Department to determine whether the client must participate in the NAES program.

(b) Register for the NAES program by completing the forms required by the Department. A client required to participate in the NAES program who fails to register is ineligible for benefits.

(c) Meet all of the following participation requirements:

(A) Accept a bona fide offer of employment, whether temporary, permanent, full-time, part-time, or seasonal.

(B) Maintain employment. A client fails to maintain employment when the client:

(i) Does not accept an increase in hours worked that would result in increased earnings, so long as the maximum amount of hours worked per week does not exceed 40 hours;

(ii) Quits work without good cause or is discharged for misconduct in accordance with the unemployment insurance compensation laws of the State of Oregon; or

(iii) Voluntarily reduces earnings or hours of employment.

(C) Schedule and keep required employment-related appointments and interviews.

(D) Notify the Department's case manager or the NAES program contractor of the reason for not keeping employment-related appointments and interviews, not attending scheduled classes and activities, and not completing case management activities. Notification must be made within three working days from the date of a missed appointment, interview, class, or activity.

(E) Provide the Department, in the manner required, with verifiable documentation of NAES program participation hours including paid work, job search activity, and educational activity.

(F) Complete each case management assignment specified in the employment plan.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 13-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-1230

Removing Disqualifications; New Arrival Employment Services (NAES), Refugee Client Services Project (RCSP)

In the NAES and RCSP programs:

(1) A client disqualified for failure to meet the requirements of the NAES or RCSP program must comply with those requirements before the disqualification may be removed.

(a) When the Department removes a disqualification due to a client's compliance with participation requirements and completion of a cooperation period of two consecutive weeks as specified in a new employment plan, the client is eligible for cash benefits effective the date the client agreed to re-engage.

(b) If a client requests an opportunity to comply with the participation requirements prior to the effective date of a proposed disqualification, the Department amends the employment plan to enable the client to comply with the requirements for the period remaining before the effective date of the disqualification. If the client meets participation requirements during this period, the disqualification penalty is not imposed but the month in which the disqualification penalty was to be imposed counts as a month of disqualification.

(c) A client stating a desire to cooperate with participation requirements on or after the date the disqualification takes effect, must be assigned a cooperation period of two consecutive weeks. The client must complete a new employment plan before cash benefits are restored. The disqualification ends after the client participates in the cooperation period of two consecutive weeks.

(d) For a client who completes the cooperation period of two consecutive weeks under subsection (c) of this section, the disqualification ends and only one month of the penalty imposed counts as a disqualification.

(2) A disqualification ends when the client is no longer required to participate in the NAES program or complies with the requirements of the employment program under section (1) of this rule. For a client no longer required to participate in the NAES program, the disqualification ends on the first day of the month in which the client informs the Department of the facts that justify the change in the participation requirement.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; SSP 7-2009, f. & cert. ef. 4-1-09

461-193-1310

Participation Requirements; NAES Project

Project participants must be actively working toward self-sufficiency by performing specific tasks as assigned to them on their Employment Plan.

(1) Participants must be actively engaged in NAES employment activities as specified on their Employment Plan; OR

(2) Employed in a full-time or part-time job.

Stat. Auth.: ORS 411.060, ORS 411.116 & ORS 411.135(1)
Stats. Implemented: ORS 411.070, ORS 414.025(2), ORS 418.040 & ORS 418.100
Hist.: AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 5-1997, f. 4-30-97, cert. ef. 5-1-97; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 13-2001, f. 6-29-01, cert. ef. 7-1-01

461-193-1380

Standards for NAES Support Service Payments

In the NAES program:

(1) The Department helps an individual comply with the individual's case plan (see OAR 461-001-0025) by providing payments for child care, housing, transportation, and other needs to make participation in required activities (see OAR 461-001-0025) successful. These payments are provided for costs directly related to participation in activities, for costs necessary to obtain and retain a job, and for enhancing wages and benefits.

(a) In approving NAES support service payments, the Department must consider lower-cost alternatives.

(b) It is not the intent of the Department or of this rule to use Department funding when other funding is available in the community. It is the Department's expectation that case managers and clients work collaboratively to seek resources that reasonably are available to the client to facilitate participation in required activities.

(c) An NAES program client is not eligible to receive any support service payment, except for child care or transportation, during his or her first 30 days in the United States.

(2) An NAES program support service payment must be authorized in advance and is subject to the limitations of this rule.

(3) Subject to the limitations of state funding and this rule, an NAES program support services (see OAR 461-001-0025) payment is made available to an individual if all of the following requirements are met:

(a) The individual is an NAES participant.

(b) The individual has agreed to participate in a NAES activity or other approved activities as specified in the individual's case plan.

(4) Denials and Reductions. The Department may reduce, close, or deny in whole or in part an individual's request for an NAES support service payment in each of the following circumstances:

(a) If the individual is disqualified for failing to comply with a case plan, unless the payment in question is necessary for the client to comply with his or her case plan.

(b) If the purpose for the payment is not related to the individual's case plan.

(c) If the client disagrees with a support service payment offered or made by the Department as outlined in the client's case plan.

(5) Required Verification.

(a) The Department may require the individual to provide verification of a need for the support service prior to approval and issuance of payment if verification is reasonably available.

(b) The Department may require the individual to provide verification of costs associated with a support service if verification is reasonably available.

(6) Child Care. Payments for child care are authorized, as limited by OAR 461-160-0040, if necessary to enable the individual to participate in NAES program activities or other approved activities specified in the individual's case plan. If authorized, payment for child care will be made for:

(a) 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 a child is in care less than 158 hours per month: and

(A) Appropriate care is not accessible to the individual at the hourly rate; or

(B) The individual is a teen parent using on-site care while attending education activities.

(b) The minimum hours necessary, including meal and commute time, for the individual to participate in NAES program activities, other approved activities, or to obtain and perform employment duties.

(7) Child care payments may be provided when an individual is not participating in NAES program activities or other approved activities if payment is necessary for the client to retain his or her child care provider. Only the minimum amount necessary to maintain the child care slot with the provider may be covered as established in OAR 461-155-0150. Not more than 30 days between scheduled NAES program activities or other approved activities may be covered.

(8) Unless good cause (see OAR 461-193-0890) has been determined, an NAES program client must attend an NAES program child care orientation to receive on-going child care payments.

(9) Housing and Utilities. In addition to a payment for basic living expenses under OAR 461-135-0475, a payment may be provided to an NAES program participant to secure or maintain housing and utilities in the following situations:

(a) To prevent an eviction or utility shut-off, secure housing to find or maintain employment, or participate in activities listed in the individual's case plan. Payment is available when all of the following requirements are met:

(A) The individual cannot make a shelter or utility payment due to a lack of assets.

(B) The lack of assets did not result from an NAES program or Child Support disqualification, a reduction due to an IPV recovery, overpayment recovery (other than administrative error), or failure by the individual to pay shelter or utility expenses when funds were reasonably available.

(C) The individual's case plan addresses how subsequent shelter or utility payments are to be made.

(b) The shelter need results from domestic violence (see OAR 461-001-0000) and all of the following requirements are met:

(A) The individual is not eligible for the TA-DVS program.

(B) The individual is able to pay all subsequent shelter costs, either through the individual's own resources or through other resources available in the community.

(C) The individual's case plan addresses how subsequent shelter costs are to be paid.

(c) An NAES program client who receives a cash grant through the RCSP program is expected to meet the housing and utility expenses out of the amount received each month in the cash grant. A NAES program client who receives an RCSP program cash grant may receive a housing and utility support services payment on a case-by-case basis, if the client otherwise meets the support service payment eligibility criteria of this section.

(10) Transportation. The Department provides support services payments for transportation costs incurred in travel to and from NAES program activities or other approved activities. Payment is made only for the cost of public transportation or the cost of vehicle insurance, repairs, and fuel for a personally owned vehicle. The Department may not authorize payment for repair of a vehicle owned by an individual who is not in the filing group (see OAR 461-110-0330). A transportation support service payment is subject to the following considerations:

(a) A payment for public transportation is given priority over a payment for a privately owned vehicle.

(b) A payment for a privately owned vehicle is provided if the client or driver has a valid license and one of the following requirements is met:

(A) No public transportation is available or the client is unable to use public transportation because of a verifiable medical condition or disability for which no accommodation is available; or

(B) Public transportation is available but is more costly than the cost of car repair or fuel.

(11) Unless good cause has been determined, an NAES program client must attend an NAES program mass transit training to receive on-going transportation payments.

(12) Other Payments. The Department provides support services payments for other items directly related to participation in NAES program activities. A payment under this section may be authorized for:

(a) Reasonable accommodation of a client's disability (see OAR 461-001-0000).

(b) Costs necessary in obtaining and retaining a job or enhancing wages and benefits, such as:

(A) Clothing and grooming for participation in NAES program activities or job interviews.

(B) Moving expenses necessary to accept employment elsewhere.

(C) Tools, bonding, and licensing required to accept or retain employment.

(c) Tuition for vocational training (see OAR 461-001-0025) through the NAES program only:

(A) After the client has been approved for vocational training;

(B) When no other funding is available;

(C) To the extent that Department funding designated for this purpose is available; and

(D) When the training is necessary for a job leading to a higher wage and high demand occupation, as defined by the Workforce Investment Act (WIA).

Stat. Auth.: ORS 411.060, 411.116, 411.135, 412.006, 412.049, 414.025
Stats. Implemented: ORS 411.060, 411.070, 411.116, 411.135, 412.006, 412.049, 414.025
Hist.: AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 19-1997, f. & cert. ef. 10-1-97; AFS 16-2000(Temp), f. 6-28-00, cert. ef. 7-1-00 thru 9-30-00; AFS 24-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 32-2010, f. & cert. ef. 10-1-10

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