Bill Text: OR SB977 | 2011 | Regular Session | Introduced
Bill Title: Relating to a family's need for temporary assistance for needy families.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB977 Detail]
Download: Oregon-2011-SB977-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4072
Senate Bill 977
Sponsored by Senator DINGFELDER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires Department of Human Services to establish income
eligibility limits and payment amounts for temporary assistance
for needy families at specified percentages of federal poverty
guidelines.
A BILL FOR AN ACT
Relating to a family's need for temporary assistance for needy
families; amending ORS 411.010, 411.432 and 412.009.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 412.009 is amended to read:
412.009. (1) The { - need - } { + Department of Human
Services shall prescribe by rule the eligibility requirements + }
for and amount of aid pursuant to the temporary assistance for
needy families 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:
(a) The income, resources and maintenance available to such
child and relative from whatever source derived, allowable
deductions and the statewide income and payment standards.
(b) The income and financial condition of the stepparent, if
any, of the child for whom aid is sought.
(2) Subsection (1)(b) of this section is not intended to
relieve any parent of any legal obligation in respect of the
support of the natural or adopted children of the parent.
(3) In determining the { - need - } { + eligibility + } for
and amount of aid to be granted under subsection (1) of this
section and under ORS 411.070, the department shall:
{ + (a) Establish eligibility limits on family income that
are equal to no less than 75 percent of the federal poverty
guidelines for applicants and no less than 115 percent of the
federal poverty guidelines for recipients who become employed
while receiving aid;
(b) Establish payment standards for aid that are equal to no
less than 75 percent of the federal poverty guidelines for
applicants and no less than 115 percent of the federal poverty
guidelines for recipients who become employed while receiving
aid; + }
{ - (a) - } { + (c) + } Disregard no less than $50 of the
amount of child support received for each child per month, up to
a total of $200 or the maximum established by federal law, for
the family; and
{ - (b) - } { + (d) + } Disregard any other amounts of
income and resources of the family as the department may
prescribe by rule.
(4) The department by rule shall adopt proven methods of
encouraging participants' full engagement in the job opportunity
and basic skills program, including the development of an
individualized case plan in accordance with ORS 412.006.
(5)(a) The department may not reduce the family's aid payment
as a method of encouraging full engagement in the job opportunity
and basic skills program pursuant to subsection (4) of this
section until the department determines that the noncompliant
needy caretaker relative:
(A) Has no barriers or refuses to take appropriate steps to
address identified barriers to participation in the program;
(B) Has the ability to be fully engaged in the program as
defined by the department by rule; and
(C) Is willfully noncompliant with the requirements of the
individualized case plan.
(b) The department may not reduce aid payments under this
subsection to families:
(A) Receiving aid pursuant to ORS 412.014 or 412.124;
(B) In which the caretaker relative participates in suitable
activities for the number of hours required each month to satisfy
federally required participation rates; or
(C) Until the department has screened for and, if appropriate,
assessed barriers to participation, including but not limited to
physical or mental health needs, substance abuse, domestic
violence or learning needs.
(c) The department may not reduce aid payments under this
subsection before assessing the risk of harm posed to the
children in the household by the reduction in aid payments and
taking steps to ameliorate the risk.
(6)(a) The department may reduce the aid payment to a family in
accordance with subsection (5) of this section following notice
and an opportunity for a hearing under ORS chapter 183, as
follows:
(A) The department may reduce the aid payment by the portion
attributable to the needs of the noncompliant individual for up
to three months.
(B) After three months of noncompliance and subject to
subsection (5)(c) of this section, the department may terminate
the aid payment to the family.
(b) Any reduction or termination in aid under this section may
continue until the noncompliant individual participates in
suitable activities required by the case plan for two consecutive
weeks.
(c) A caretaker relative may request a hearing to contest the
basis for a reduction in or termination of an aid payment within
90 days of a reduction in or termination of aid.
(7) Every six months, the department shall report to the Family
Services Review Commission established under ORS 411.075 the
status of and outcomes for families for whom aid has been reduced
or terminated under subsection (6) of this section. The
department shall work with the commission to establish the
details to be provided in the report.
SECTION 2. ORS 411.010 is amended to read:
411.010. As used in this chapter and in other statutes
providing for assistance and services to needy persons, unless
the context or a specially applicable statutory definition
requires otherwise:
(1) { - ' Department' means the Department of Human
Services. - } { + ' Federal poverty guidelines' means the most
recent poverty guidelines published in the Federal Register by
the United States Department of Health and Human Services. + }
(2) 'General assistance' means assistance or service of any
character provided to needy persons not otherwise provided for to
the extent of such need and the availability of funds, including
medical, surgical and hospital or other remedial care.
(3) 'Public assistance' means the following types of
assistance:
(a) Temporary assistance for needy families granted under ORS
412.001 to 412.069 and 418.647;
(b) General assistance granted under ORS 411.710 to 411.730;
(c) Medical assistance;
(d) Assistance provided by the Oregon Supplemental Income
Program;
(e) General assistance other than general assistance granted
under ORS 411.710 to 411.730; and
(f) Any other functions that may be delegated to the Director
of Human Services by or in accordance with federal and state
laws.
SECTION 3. ORS 411.432 is amended to read:
411.432. { - (1) As used in this section, 'federal poverty
guidelines' means the most recent poverty guidelines as published
annually in the Federal Register by the United States Department
of Health and Human Services. - }
{ - (2) - } Notwithstanding ORS 414.065, the Department of
Human Services shall adopt rules exempting recipients of medical
assistance under ORS 414.706 (5) whose family income is no more
than 10 percent of the federal poverty guidelines from the
requirement to pay monthly premium payments.
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