Current through Register Vol. 63, No. 9, September 1, 2024
In the JOBS, REP, SFPSS, and TA-DVS programs:
(1) When aspects of the case
plan (OAR 461-001-0025) have not been met
or are in dispute, the re-engagement process provides an opportunity for the
individual and the Department to --
(a) Review
and re-evaluate the case plan and other information gathered
related to the strengths and challenges of the individual and family;
(b) Identify expectations, concerns, and
completion of activities in the case
plan;
(c) Consider whether
the case plan is still appropriate;
(d) Develop options that support the
individual; and
(e) Revise the
case plan if appropriate.
(2) The re-engagement process is intended to
assist the Department in identifying whether the individual is unable or
unwilling to participate in the case plan.
(a) In the JOBS, REP, and SFPSS programs, if:
(A) A screening for physical or mental health
needs, substance abuse, domestic violence (see OAR
461-001-0000), or learning needs
has not been completed, the re-engagement process requires an additional
opportunity to initiate those screenings for potential challenges to
participation not previously identified.
(B) A screening described in paragraph (A) of
this subsection indicates follow-up is needed. The re-engagement process
requires an opportunity to initiate the follow-up for potential challenges to
participation not previously identified.
(b) Circumstances that require a
determination of whether good cause (see OAR
461-130-0327) exists include
disagreements about the case plan, irregular attendance at
activities, missed appointments, failure to participate in a
component of the case plan, and (in the JOBS
and REP programs) refusal to accept or maintain employment.
(c) In the TA-DVS program, there are no
participation requirements. The re-engagement process is intended to provide an
opportunity to address problems with the case plan (see OAR
461-135-1230) and an opportunity
to modify the case plan.
(3) In the JOBS and REP programs, the
re-engagement process must include:
(a)
Assessing the risk of harm posed to the children in the filing group by the
reduction in aid payments and taking steps to ameliorate the risk.
(b) An attempted community visit, which may
include meeting in the participant's home, on their porch or yard, a nearby
park, or other neutral location where the participant is comfortable.
(4) The individual, the
Department, or the Department's contractor may initiate the re-engagement
process. The re-engagement process is not a required activity.
The Department may not disqualify individuals based on their failure to
participate in the re-engagement process.
(5) The individual or Department may invite
partner agencies, Department contractors, persons currently working with the
individual, or other individuals who have information relevant to the
re-engagement process to any appointments or meetings scheduled as part of the
process.
(6) The re-engagement
process ends when any of the following subsections applies:
(a) In the JOBS program, when any of the
following paragraphs applies:
(A) The
Department has determined the individual has met federally required
participation rates (see OAR
461-001-0025).
(B) The Department and the participant agree
to a modified case plan.
(C) The Department has determined the
individual is exempt from JOBS Employment Program participation and
disqualification under OAR
461-130-0310.
(D) The Department has determined the
individual is a JOBS volunteer (see OAR
461-130-0310).
(E) The efforts to re-engage are unsuccessful
for any of the following reasons:
(i) The
individual clearly indicates an intent not to participate in the re-engagement
process;
(ii) The individual
refuses to participate in the individual's case plan and has
the ability to engage;
(iii) The
individual has no challenges to participate or is unwilling to take appropriate
steps to address identified challenges to participation in the program;
or
(iv) The Department determines
that an individual did not have good cause (see OAR
461-130-0327) for not complying
with a requirement of the JOBS employment program, and the individual is able
but unwilling to address the issue through activities that address challenges
or through case plan modifications.
(b) In the REP program, when any
of the following paragraphs applies:
(A) The
Department has determined the individual is exempt from REP
participation and disqualification under OAR
461-130-0310(4).
(B) The individual clearly indicates an
intent not to participate in the re-engagement process.
(C) The individual is willfully non-compliant
and has the ability to participate in the program.
(D) A decision is made by the Department that
an individual did not have good cause for not complying with a
requirement of the REP program.
(E)
The Department has determined the individual is an REP
volunteer (see OAR
461-130-0310).
(F) The Department has determined that the
case plan is inappropriate and requires
modification.
(c) In the
SFPSS program, after a review team consisting of SFPSS program staff including
the case manager, disability analyst, and appropriate medical professional
determine the individual does not have good cause for
non-cooperation and no accommodations or modifications can be made to support
the participant being re-engaged.
(7) The re-engagement process must end
unsuccessfully before the Department begins the process of disqualifying an
individual for a failure to comply with a requirement of the JOBS or REP
programs.
(8) In the SFPSS program,
when the re-engagement process ends unsuccessfully, an individual removed from
the program is returned to the TANF program.
Statutory/Other Authority: ORS
409.050,
411.060,
412.009,
412.014 &
412.049
Statutes/Other Implemented: ORS
409.010,
411.060,
412.009,
412.014,
412.049,
45 CFR
261.12,
45 CFR
261.13,
45 CFR
261.14 &
412.072
