Current through Register Vol. 63, No. 9, September 1, 2024
In the TANF program:
(1) For a filing group (see
OAR 461-110-0310 and
461-110-0330) to be eligible for
program benefits, except as permitted in section (2) of this rule:
(a) A caretaker relative
(see OAR 461-001-0000) in a
filing group (see OAR
461-110-0330) not currently
receiving TANF must agree to "cooperate with Division of Child Support
(DCS)."
(b) A caretaker
relative in a filing group receiving TANF must
cooperate with DCS.
(2) A caretaker relative is
excused from the requirements of section (1) of this rule:
(a) For good cause under OAR
461-120-0350;
(b) If the caretaker
relative is a participant in the JOBS Plus or SFPSS programs, or is
receiving Employment Payments (see OAR
461-001-0025) under OAR
461-135-1270; or
(c) If the filing group is a
two-parent family.
(3)
For the purposes of this rule, cooperate with DCS means make a
"good faith effort" (see section (4) of this rule) to help DCS establish
parentage for each parent of each needy child
(see OAR 461-001-0000) and locate and
obtain support payments from the noncustodial parent (see OAR
461-001-0000) of each needy
child.
(4) For the
purposes of this rule, a good faith effort includes taking
such actions as:
(a) Supplying "sufficient
information" for DCS to proceed with appropriate actions to establish parentage
of a
dependent child (see OAR
461-001-0000), to locate a
noncustodial
parent, or to establish, modify, or enforce a
support order with respect to any
child in the
benefit
group (see OAR
461-110-0750).
Sufficient information includes, but is not limited to, the
following, if known to the
caretaker relative:
(A) The time and place of each child's
conception if parentage is not established and the following
information.
(B) Regarding any
noncustodial
parent of a needy
child:
(i) Full legal name and nicknames.
(ii) Social Security Number.
(iii) Current or last known
address.
(iv) Current or last known
employer, including name and address.
(v) If a student, current or last known
school.
(vi) Criminal record,
including where and when incarcerated.
(vii) Date of birth, or age.
(viii) Race.
(ix) Any known group or organizational
affiliations.
(x) Names and
addresses of close friends or relatives.
(xi) Any other information DCS requests to
help locate or identify a noncustodial parent.
(b) Supplying
documentation or an explanation of the efforts of the caretaker
relative to obtain information requested by DCS (if unable to provide
sufficient information).
(c) Keeping appointments with DCS related to
establishing parentage.
(d)
Returning telephone calls and responding to correspondence when requested to do
so by DCS.
(5) If an
individual is part of a filing group not currently receiving
TANF, and the individual fails to comply with the requirements set under this
rule, the filing group is ineligible for TANF until the
individual meets the requirements.
(6) If an individual who is part of a
filing group receiving TANF fails to comply with the
requirements set under this rule, the Department applies penalties in the
following manner until the individual meets the requirements:
(a) The net monthly TANF benefit of the
benefit group, after reductions for the individual's failure
to comply with requirements of the JOBS program are made, is reduced by:
(A) 25 percent for the first month following
the month in which failure to comply is determined.
(B) 50 percent for the second month following
the month in which failure to comply is determined.
(C) 75 percent for the third month following
the month in which failure to comply is determined.
(D) 100 percent (total ineligibility for the
benefit group) for the fourth and subsequent months following
the month in which failure to comply is determined.
(b) Once a penalized individual complies with
the requirements and benefits are no longer reduced under this rule, a
subsequent penalty is imposed without regard to any prior penalty.
(c) If the TANF payment is affected by the
penalty imposed under this rule, eligibility (see OAR
461-001-0000) for and the level
of SNAP benefits are determined as if the individual were receiving cash
benefits without reduction due to the penalty.
(7) The penalty provided by this rule ends
when the caretaker relative complies with the requirements set
under this rule.
Statutory/Other Authority: ORS
411.060,
411.070,
412.024 &
412.049
Statutes/Other Implemented: ORS
411.060,
411.070,
412.024 &
412.049
