OAR 413-100-0210
U.S. Citizenship and Qualified Non-citizens

A Title IV-E eligible child or young adult must be:

(1)

A United States citizen; or

(2)

A qualified non-citizen is defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193. Under Section 431 of PRWORA, a qualified non-citizen’s access to federal public benefits is restricted for five years beginning on the date of the qualified non-citizen’s entry into the United States, unless subsection (b), (c), or (d) of this section applies. Under PRWORA, a qualified non-citizen is:

(a)

Lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (the “Act”);

(b)

Granted asylum under Section 208 of the Act;

(c)

A refugee admitted to the United States under section 207 of the Act;

(d)

Paroled into the United States under section 212(d)(5) of the Act for a period of at least one year;

(e)

An individual whose deportation is being withheld under Section 243(h) of the Act;

(f)

An individual granted conditional entry under section 203(a)(7) of the Act as in effect prior to April 1, 1980;

(g)

If the child is a qualified non-citizen who is placed with a qualified non-citizen or United States citizen, the date the child entered the United States is irrelevant, and the five-year restriction on federal public benefits does not apply; or

(h)

If the child is a qualified non-citizen who entered the United States on or after August 22, 1996, and is placed with an unqualified qualified non-citizen, the child would be subject to the five-year residency requirement for federal public benefits at section 403(a) of PRWORA unless the child is in one of the excepted groups identified at section 403(b).

Source: Rule 413-100-0210 — U.S. Citizenship and Qualified Non-citizens, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-100-0210.

413‑100‑0000
Purpose 413‑100‑0005
Definitions 413‑100‑0015
Application for Title IV-E Foster Care Funds 413‑100‑0060
Title IV-E Reimbursable Placements 413‑100‑0065
Title IV-E Reimbursable Payments 413‑100‑0075
Eligibility Status 413‑100‑0080
Effective Date 413‑100‑0090
Correcting Eligibility 413‑100‑0110
Eligibility End Date 413‑100‑0125
Initial Determination Requirements 413‑100‑0135
Removal Requirements 413‑100‑0150
Determining Parental Deprivation 413‑100‑0160
Determining Financial Need 413‑100‑0170
Determining Resources 413‑100‑0180
Earned Income of Students 413‑100‑0210
U.S. Citizenship and Qualified Non-citizens 413‑100‑0230
Age Requirements 413‑100‑0240
Judicial Finding Requirements for Title IV-E Eligibility 413‑100‑0270
Redetermination Requirements 413‑100‑0320
Consolidated Omnibus Reconciliation Act (COBRA) and Title XIX Medicaid 413‑100‑0335
Title IV-E Adoption Assistance Eligibility Determination 413‑100‑0345
Guardianship Assistance Eligibility 413‑100‑0400
Purpose 413‑100‑0410
Definitions 413‑100‑0420
Child Welfare Title XIX Medicaid Program Eligible Populations 413‑100‑0430
Eligibility Determination for a Child or Young Adult in Substitute Care 413‑100‑0432
Payments for Services Provided in Emergency Situations When a Child or Young Adult is Not Enrolled in Title XIX Medicaid 413‑100‑0435
Title XIX Medicaid Eligibility for a Child or Young Adult Receiving Adoption Assistance or Guardianship Assistance 413‑100‑0445
Youth in Detention 413‑100‑0451
Interstate Compact for the Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA) 413‑100‑0455
Out-of-State Placements 413‑100‑0460
Citizenship and Alienage 413‑100‑0530
Compliance 413‑100‑0800
Child Support Referrals 413‑100‑0810
Child Support Arrears Owed to Department 413‑100‑0820
Handling DCS Case Information 413‑100‑0830
Paternity and Parentage Establishment
Last Updated

Jun. 8, 2021

Rule 413-100-0210’s source at or​.us