ORS § 412.079

Current through 2024 Regular Session legislation effective June 6, 2024
Section 412.079 - Time limits; exceptions; rules
(1) 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.
(2) The Department of Human Services may not count toward the 60-month limit on receipt of aid described in subsection (1) of this section any month in which a needy caretaker relative:
(a) Receives a grant of temporary assistance for needy families under ORS 412.001 to 412.069, or assistance funded under Title IV-A of the Social Security Act in this or another state, prior to July 1, 2003;
(b) Resides in an area described in 18 U.S.C. 1151, and 50 percent or more of the adult residents in the area are unemployed;
(c) Is, in that month, a minor child and neither the head of the household nor married to the head of the household; or
(d) Receives aid under ORS 411.878, 412.014 or 412.124.
(3) Notwithstanding subsection (1) of this section, a needy caretaker relative may receive aid for more than 60 months if the needy caretaker relative:
(a) Is enrolled at an educational institution under ORS 412.016;
(b) Is exempt from time limits pursuant to rules adopted by the department in accordance with section 408(a)(7)(C) of the Social Security Act; or
(c) Is unable to obtain or maintain employment that provides earnings in excess of income limits established by the department under ORS 412.007 because the needy caretaker relative:
(A) Is a victim of domestic violence as defined in ORS 412.072;
(B) Has a certified learning disability;
(C) Has a mental health condition or an alcohol or drug abuse problem;
(D) Has a disability as defined by the department by rule in a manner consistent with the definition of disability in the Americans with Disabilities Act;
(E) Has a child with a disability;
(F) Is deprived of needed medical care;
(G) Is subjected to battery or extreme cruelty as defined by the department by rule; or
(H) Qualifies as having a hardship as defined by the department by rule.
(4)
(a) The Department of Human Services shall monitor the average period of time a family receives aid and shall record such information by family demographics. The department shall monitor the wages and benefits received by an individual who becomes employed while receiving aid, including child care benefits. The department shall monitor and record the rate at which families who cease receiving aid for employment subsequently apply for and receive aid.
(b) The department shall report the results of the monitoring required under paragraph (a) of this subsection to the Legislative Assembly not later than the 15th day of each odd-numbered year regular session.

ORS 412.079

Amended by 2015 Ch. 765, § 19, eff. 7/27/2015, op. 4/1/2016.
Amended by 2012 Ch. 107, § 80, eff. 4/11/2012.
Formerly 418.131; 2009 c. 11, § 56; 2011 c. 9, § 54; 2011 c. 545, § 47