Oregon Revised Statutes

Chapter 412 — Temporary Assistance for Needy Families

89 sections

412.001 Definitions

As used in ORS 412.001 to 412.155 and 418.647, unless the context or a specially applicable statutory definition requires otherwise: “Aid” means money payments with respect to, or on behalf of, a dependent child or children and includes: Money payments to meet the needs of the caretaker relative with whom the child is living and the spouse of the caretaker…

412.002 Legislative findings

The Legislative Assembly finds that: The temporary assistance for needy families program is the state’s primary safety net for families with children who live in extreme poverty; and Outcomes for disadvantaged parenting youth improve when the parenting youth have opportunities to connect to employment, training and education programs. In order to provide …

412.005 [1961 c.633 §2; 1965 c.94 §1; 1969 c.69 §1; 1969 c.597 §246; 1973 c.651 §3; 2001 c.900 §98; repealed by 2005 c.381 §30]

412.006 Administration of temporary assistance for needy families program; rules

The Department of Human Services shall administer the temporary assistance for needy families program, consistent with the requirements in 45 C.F.R. part 260, to provide to families with children: Aid; Case management services that focus on the strengths of the parents or caretaker relatives; Resources and referrals for education and training or education…

412.007 Determination of amount of aid; rules

The eligibility for and amount of aid to be granted for any dependent child or relative pursuant to ORS 412.006 shall be determined, in accordance with the rules of the Department of Human Services, taking into account: The income, resources and maintenance available to such child and relative from whatever source derived, allowable deductions and the state…

412.009 Engagement in JOBS; disqualification; rules

The Legislative Assembly finds that: There is evidence that families who experience the most disqualifications from the job opportunity and basic skills program are often those with the most barriers to employment; and The loss of income from a program disqualification adds strain and creates instability in families already experiencing extreme poverty, an…

412.010 [Repealed by 1961 c.633 §14]

412.011 Support service payments to prevent loss of employment

The Department of Human Services may provide support service payments, as prescribed by rule, for transportation, housing or other costs as necessary to prevent the loss of employment that will result in the family qualifying for temporary assistance for needy families program aid under ORS 412.006. Note: 412.011 was added to and made a part of 412.001 to 4…

412.014 State Family Pre-SSI/SSDI program; rules

There is created in the Department of Human Services the State Family Pre-SSI/SSDI program. The department shall provide aid under this section to families that are eligible for temporary assistance for needy families under ORS 412.001 to 412.069 and that include a needy caretaker relative who is unable to maintain substantial gainful activity due to a disab…

412.015 [1961 c.633 §1; repealed by 2005 c.381 §30]

412.016 Enrollment in educational institution as allowable work activity

A parent who applies for or receives temporary assistance for needy families under ORS 412.001 to 412.069 and who meets the criteria described in subsection (2) of this section may enroll in and attend an educational institution as an allowable work activity for purposes of ORS 412.001 to 412.069. To enroll in and attend an educational institution as an all…

412.017 [2003 c.212 §2; 2009 c.335 §1; repealed by 2019 c.602 §17]

412.020 [Repealed by 1961 c.633 §14]

412.024 Assignment of support rights; cooperation required for establishing parentage of child or obtaining support; exceptions; sanctions; rules

An applicant or recipient of aid, except for recipients of aid under the JOBS Plus Program established in ORS 411.878, must assign to the state any rights to support that may be due from any other person to a family member for whom the applicant is applying for or receiving aid. If aid is paid and received for the support of a child, the rights to child supp…

412.025 [1961 c.633 §5; 1963 c.446 §1; 1965 c.40 §1; 1973 c.651 §4; 2005 c.22 §280; repealed by 2005 c.381 §30]

412.026 Payment of aid to individual other than relative; rules

Subject to rules of the Department of Human Services and to such conditions and limitations as may be prescribed pursuant to the temporary assistance for needy families program: Money payments of aid with respect to the temporary assistance for needy families program, including payments to meet the needs of the relative, and the relative’s spouse, with whom…

412.028 Petition for and appointment of guardian or conservator; costs; compensation

If, after such period as may be prescribed by the Department of Human Services, it appears to the department that the need for money payments of aid to a representative payee is continuing or likely to continue in any case, the department may petition for the judicial appointment of a guardian or a conservator of the estate of the relative referred to in ORS…

412.029 Expenditures limited to needs of beneficiary; rules

Each money payment of aid made to a representative payee or to a guardian or a conservator under ORS 412.026 or 412.028 shall be expended by the representative payee, guardian or conservator solely to make purchases to meet the needs of the individuals with respect to whom the payment is made. However, the individuals may receive from the representative paye…

412.030 [Repealed by 1961 c.633 §14]

412.034 Denial of aid when unemployed parent refuses employment

Aid under ORS 412.006 shall not be granted with respect to, or on behalf of, a dependent child living with an unemployed parent if, and for as long as, the unemployed parent of such child refuses without good cause to accept employment in which the unemployed parent is able to engage and which is offered through any employment office defined in ORS 657.010 o…

412.035 [1961 c.633 §3; 1963 c.446 §2; 1967 c.204 §1; 1969 c.468 §2; repealed by 2005 c.381 §30]

412.039 Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent

The Legislative Assembly declares that it is in the public interest of the State of Oregon that all available workforce services, including those authorized under other provisions of law, be utilized to provide incentives, opportunities and necessary services to appropriate individuals in order that they may be employed in the regular economy, may be trained…

412.040 [Repealed by 1961 c.633 §14]

412.044 Cooperation with other agencies to provide vocational training

The Department of Human Services and any other state agency, which administers, supervises or participates in the administration of programs of public vocational or adult education services available in this state, may enter into and execute cooperative arrangements looking toward maximum utilization of such services to encourage the training or retraining o…

412.045 [1961 c.633 §4; 1965 c.556 §19; repealed by 2005 c.381 §30]

412.049 Powers and duties of department; rules

The Department of Human Services shall: Supervise the administration of the temporary assistance for needy families program under ORS 412.001 to 412.155. Make such rules and regulations and take such action as may be necessary or desirable for carrying out ORS 412.001 to 412.155. Prescribe the form of and print and supply such forms as it deems necessary …

412.050 [Repealed by 1961 c.633 §14]

412.054 Application for aid

Application for aid under ORS 412.001 to 412.069 shall be made to the Department of Human Services by the relative with whom the child lives. The application shall be in the manner and upon the form prescribed by the department.

412.055 [1961 c.633 §6; 1965 c.468 §1; 1967 c.116 §1; 1969 c.69 §2; 1969 c.636 §1; 1973 c.394 §1; repealed by 2005 c.381 §30]

412.059 Investigation of eligibility of child; rules

Whenever the Department of Human Services receives a notification of the dependency of a child or an application for aid, a record shall promptly be made of the circumstances, relating the facts supporting the application and such other information as may be required by the rules and regulations of the department.

412.060 [Repealed by 1961 c.633 §14]

412.064 Authority to determine eligibility

The Department of Human Services shall decide whether the child is eligible for aid under ORS 412.001 to 412.069 and determine the date on which the aid granted shall begin.

412.065 [1961 c.633 §7; 1967 c.285 §1; 1969 c.68 §5; 1971 c.779 §31; repealed by 2005 c.381 §30]

412.069 Appeal from denial of or failure to act on application or from modification or cancellation of aid

If an application is not acted upon within a reasonable time after the filing of the application or is denied in whole or in part, or if any grant of aid is modified or canceled, the applicant or recipient may petition the Department of Human Services for review in the county which the applicant or recipient elects as provided by ORS chapter 183.

412.070 [Amended by 1955 c.364 §5; repealed by 1961 c.633 §14]

412.072 Requirements when victims of domestic violence apply for or receive TANF; confidentiality

The Department of Human Services shall: Identify applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence. Ensure that appropriate individuals on the local level who provide…

412.074 Use and custody of records of temporary assistance for needy families program; rules

Except as otherwise provided in this section and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 or as necessary to assist public assistance…

412.075 [1961 c.633 §8; 1971 c.734 §42; 1971 c.779 §32; repealed by 2005 c.381 §30]

412.076 [Formerly 418.150; repealed by 2015 c.765 §28]

412.079 Time limits; exceptions; rules

Except as provided in subsections (2) and (3) of this section, a needy caretaker relative may not receive aid under ORS 412.006 if the needy caretaker relative has received aid under the temporary assistance for needy families program in this state or any other state for more than a total of 60 months. The Department of Human Services may not count toward t…

412.080 [Repealed by 1961 c.633 §14]

412.084 Minor parents’ eligibility to receive assistance and support services

A person who is a minor parent of a child and is receiving or applying for aid shall reside with the person’s parent, parents or legal guardian. The person may substitute an alternative supervised living arrangement if the Department of Human Services determines that it is unsafe or impractical for the person to reside with the person’s parent, parents or le…

412.085 [1961 c.633 §13; 1967 c.285 §2; 1971 c.779 §33; repealed by 2005 c.381 §30]

412.089 Referral to mental health or drug abuse professional; provision of resources; staff training

The Department of Human Services shall refer a person applying for or receiving temporary assistance for needy families to an evaluation by a mental health or drug abuse professional if the department reasonably believes such referral is necessary. The Department of Human Services shall develop guidelines to assist in the identification and referral of indiv…

412.090 [Repealed by 1961 c.633 §14]

412.094 Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases; use of information restricted

All state, county and city agencies, officers and employees shall cooperate in the location of parents who have abandoned or deserted, or are failing to support, children receiving or applying to receive public assistance and shall on request supply the Department of Human Services, the Division of Child Support of the Department of Justice or the district a…

412.095 [1961 c.633 §9; 1969 c.69 §3; repealed by 2005 c.381 §30]

412.099 [Formerly 418.140; repealed by 2015 c.765 §28]

412.100 [Repealed by 1961 c.633 §14]

412.104 [Formerly 418.145; repealed by 2015 c.765 §28]

412.105 [1961 c.633 §10; repealed by 2005 c.381 §30]

412.108 [1967 c.217 §3; 1973 c.823 §129; repealed by 2005 c.381 §30]

412.109 Policy on absent parent

The Legislative Assembly declares that the policy of this state is that, to the extent consistent with federal law, the temporary assistance for needy families program policy and practice shall recognize that an absent parent is often an important influence in the life of a child. Program policy and practice: Shall recognize that regular, frequent visits w…

412.110 [Repealed by 1961 c.633 §14]

412.113 [1967 c.217 §2; 1969 c.597 §247; 1971 c.779 §34; repealed by 2005 c.381 §30]

412.114 [Formerly 418.149; repealed by 2015 c.765 §28]

412.115 [1961 c.633 §11; 1999 c.745 §4; repealed by 2005 c.381 §30]

412.120 [Repealed by 1961 c.633 §14]

412.124 Post-TANF aid to employed families; rules

As used in this section, “aid” means: Cash payments to a family; and Support service payments and services through the job opportunity and basic skills program necessary to maintain employment to assist the family, directly or indirectly, in achieving long term stability. The Department of Human Services may provide aid for up to 12 months to a family if:…

412.125 [1961 c.633 §12; repealed by 2005 c.381 §30]

412.130 [Repealed by 1961 c.633 §14]

412.139 Duties of department relating to federal law

The Department of Human Services shall have the responsibility and authority to provide such services as are necessary to maintain the intent of and compliance with federal requirements for the program described in ORS 412.124.

412.140 [Repealed by 1961 c.633 §14]

412.144 Duties of department relating to other agencies

The Department of Human Services shall have the responsibility and authority to provide such services and engage in such cooperative and coordinated efforts with the Employment Department and other appropriate agencies as are necessary to maintain the intent of and compliance with federal requirements for the program described in ORS 412.124.

412.150 [Repealed by 1961 c.633 §14]

412.151 Statewide electronic benefits transfer system; replacement cards to display name

The Department of Human Services shall provide temporary assistance for needy families and supplemental nutrition assistance to eligible individuals through an electronic benefits transfer system that uses an electronic benefits transfer card. Any time the department issues an electronic benefits transfer card to replace a card that was reported lost or stol…

412.155 Additional monthly payments of elderly rental assistance

The Department of Human Services shall include in the payment made under ORS 412.001 to 412.155 and 418.647 a monthly amount to be designated elderly rental assistance. The amount shall be determined by the department, subject to the total amount appropriated for that purpose by the Legislative Assembly.

412.160 [Amended by 1957 c.56 §1; repealed by 1961 c.633 §14]

412.161 Policy on two-parent families

The Legislative Assembly finds: That the provision of public assistance to children in very low income families would help keep families together and reduce hardship in times of high unemployment; That the lack of public assistance to two-parent unemployed families does not produce significant financial savings for the State of Oregon since family break-up…

412.170 [Amended by 1955 c.444 §3; repealed by 1961 c.633 §14]

412.180 [Repealed by 1953 c.550 §12]

412.510 [Amended by 1959 c.409 §1; 1969 c.69 §4; repealed by 2005 c.381 §30]

412.520 [Amended by 1959 c.409 §2; 1965 c.556 §20; 1969 c.69 §5; 1969 c.468 §3; 1973 c.651 §5; repealed by 2005 c.381 §30]

412.530 [Amended by 1963 c.71 §1; 1965 c.42 §1; 1971 c.779 §35; 1973 c.651 §6; 2005 c.22 §281; repealed by 2005 c.381 §30]

412.540 [Amended by 1959 c.409 §3; 1965 c.93 §1; repealed by 2005 c.381 §30]

412.550 [Amended by 1959 c.409 §4; repealed by 2001 c.900 §261]

412.560 [Amended by 1959 c.409 §5; repealed by 2005 c.381 §30]

412.570 [Amended by 1955 c.364 §6; 1969 c.68 §6; 1971 c.779 §36; repealed by 2005 c.381 §30]

412.580 [Amended by 1969 c.597 §248; 1971 c.734 §43; 2001 c.900 §99; repealed by 2005 c.381 §30]

412.590 [Amended by 1953 c.500 §12; 1959 c.409 §6; 1971 c.779 §37; repealed by 2005 c.381 §30]

412.600 [Amended by 1971 c.335 §1; 1975 c.386 §2; 1985 c.522 §2; 1993 c.249 §3; 1995 c.664 §92; 2001 c.900 §221; 2005 c.22 §282; 2005 c.381 §12; renumbered 411.708 in 2005]

412.610 [Amended by 1999 c.745 §5; repealed by 2005 c.381 §30]

412.620 [Repealed by 2005 c.381 §30]

412.625 [1967 c.217 §5; repealed by 2005 c.381 §30]

412.630 [Amended by 1957 c.56 §2; repealed by 2005 c.381 §30]

412.700 [1989 c.922 §§1,2,3,4; 1991 c.412 §1; renumbered 410.730 in 2005]

412.710 [1989 c.922 §5; 1991 c.412 §2; 2003 c.14 §183; renumbered 410.732 in 2005]

412.990 [Repealed by 1953 c.500 §12]

PENALTIES

412.991 Criminal penalties

A person who violates ORS 412.074 commits a Class A misdemeanor. _______________