OAR 461-135-0085
Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF


In the Pre-TANF and TANF programs:

(1)

For the purposes of this rule:

(a)

“Assessment for substance abuse” means an assessment performed by an appropriate licensed professional with the purpose of discovering the presence of substance abuse.

(b)

“Controlled substance” means a drug or its immediate precursor classified in Schedules I through V under the Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035 (Authority to control schedule). The use of the term “precursor” in this subsection does not control and is not controlled by the use of the term “precursor” in ORS 475.840 to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)). Alcohol is not a controlled substance.

(c)

“Self-identified illegal use” means an individual states he or she illegally used a controlled substance within the previous 30 days. Illegal use does not include the use of a controlled substance pursuant to a valid prescription, or other use authorized by the Uniform Controlled Substances Act, ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.840 to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), the federal Controlled Substances Act, or other Federal law.

(2)

When directed by the Department, an adult member or parenting teen in the need group (see OAR 461-110-0630 (Need Group)), regardless of participation classification (see OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)), must participate in:

(a)

An assessment for substance abuse if:

(A)

The individual has self-identified illegal use of a controlled substance; and

(B)

The assessment is available and at no cost to the individual.

(b)

Medically appropriate treatment for substance abuse if it is available and at no cost to the individual when:

(A)

The individual reports a qualified and appropriate professional has diagnosed the individual with a substance abuse disorder within the previous twelve months; or

(B)

An assessment resulted in a diagnosis requiring medically appropriate treatment for the individual to be successful in the workplace.

(3)

When directed by the Department, an adult member or parenting teen in the need group (see OAR 461-110-0630 (Need Group)), regardless of participation classification (see OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)), must participate in medically appropriate treatment for mental health if it is available and at no cost to the individual when:

(a)

The individual reports a qualified and appropriate professional has diagnosed the individual with a mental health disorder within the previous twelve months; or

(b)

An evaluation resulted in a mental health diagnosis requiring medically appropriate treatment for the individual to be successful in the workplace.

(4)

An individual is responsible for providing information needed by the Department to determine whether the individual had good cause (see OAR 461-130-0327 (Good Cause)) for failing to meet the requirements of this rule. If a medical condition must be evaluated in regard to the requirements of this rule, the Department will assist the client in obtaining a medical opinion from an appropriate medical professional.

(5)

An individual who refuses to participate in a required assessment, evaluation, or the medically appropriate treatment required by this rule is subject to disqualification in accordance with this section and OAR 461-130-0330 (Disqualifications; Pre-TANF, REF, SNAP, TANF) only after the individual has had an opportunity to participate in the re-engagement process (see OAR 461-190-0231 (Re-engagement; JOBS, Pre-TANF, REP, SFPSS, TA-DVS)) including a determination by the Department of whether the individual had good cause for non-participation. The penalties are progressive and, once imposed, continue as long as the individual refuses to participate. If there is a change in the participation classification (see OAR 461-130-0310 (Participation Classifications: Exempt, Mandatory, and Volunteer)) of the individual the penalty ends and the individual must have an opportunity to participate in the re-engagement process under OAR 461-190-0231 (Re-engagement; JOBS, Pre-TANF, REP, SFPSS, TA-DVS) before applying a disqualification.

Source: Rule 461-135-0085 — Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-135-0085.

461‑135‑0010
Assumed Eligibility for Medical Programs
461‑135‑0070
Specific Requirements
461‑135‑0071
TANF Time Limit
461‑135‑0073
TANF Time Limit
461‑135‑0075
TANF Time Limit
461‑135‑0080
TANF Eligibility for Minor Parents
461‑135‑0085
Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health
461‑135‑0087
Good Cause for Failure to Comply with Substance Abuse or Mental Health Requirements
461‑135‑0089
Demonstrating Compliance with Substance Abuse and Mental Health Requirements
461‑135‑0200
Multiple Disqualifications
461‑135‑0220
REF, REFM, and TANF Programs
461‑135‑0300
Eligibility for and Needs Covered by EA
461‑135‑0301
Closure of the Emergency Assistance (EA) Program Effective May 1, 2004
461‑135‑0310
Covered Shelter Needs
461‑135‑0320
Time Limits
461‑135‑0340
Work Requirements
461‑135‑0350
Eligible People
461‑135‑0400
Specific Requirements
461‑135‑0405
Children in the Head Start Program
461‑135‑0415
Requirement to Make Copay or Satisfactory Arrangements
461‑135‑0440
Child Care Benefit Eligibility and Payment
461‑135‑0475
Specific Requirements
461‑135‑0485
Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program
461‑135‑0491
Disaster Supplemental Nutrition Assistance Program (DSNAP)
461‑135‑0492
Application, Interviews, and Verification for DSNAP
461‑135‑0493
Eligibility and Benefit Amount for DSNAP
461‑135‑0494
DSNAP Treatment of Households Already Certified and Receiving SNAP Benefits
461‑135‑0495
Recertifications for DSNAP
461‑135‑0496
Hearings for DSNAP
461‑135‑0497
Household Liability in the DSNAP
461‑135‑0498
Pandemic-related Supplemental Nutrition Assistance Program
461‑135‑0505
Categorical Eligibility for SNAP
461‑135‑0506
Transitional Benefit Alternative (TBA) in the SNAP Program
461‑135‑0510
Residents of Institutions
461‑135‑0520
Time Limit and Special Requirements for ABAWD
461‑135‑0521
Job Quit by Applicants
461‑135‑0530
People in Adult Foster Care (AFC) and Boarding Houses
461‑135‑0560
Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision
461‑135‑0570
Eligible and Ineligible Students
461‑135‑0575
SNAP Expedited Services
461‑135‑0580
Prepared Meals
461‑135‑0590
Communal Dining
461‑135‑0610
Meal Providers for Homeless Individuals
461‑135‑0660
SNAP
461‑135‑0700
Specific Requirements
461‑135‑0701
Terminate GA and GAM Programs October 1, 2005
461‑135‑0708
Criteria for Developing a Plan for Self-support
461‑135‑0725
Specific Requirements
461‑135‑0726
Specific Requirements
461‑135‑0730
Specific Requirements
461‑135‑0745
Eligibility for Individuals in Acute Care Settings
461‑135‑0750
Individuals Applying for or Receiving Long-Term Care or Home and Community-Based Care
461‑135‑0755
Individual Residing in a 24-Hour Mental Health Residential Care Setting
461‑135‑0771
Eligibility for OSIPM Under “Grandfathering” Provision
461‑135‑0780
Pickle Amendment Clients
461‑135‑0790
Eligibility for People in an Institution Since 1973
461‑135‑0800
Eligibility for 1972 COLA Clients
461‑135‑0820
Eligibility for Widows and Widowers
461‑135‑0830
Eligibility for Disabled Adult Children
461‑135‑0832
Estate Administration
461‑135‑0833
Burial Expenses
461‑135‑0834
Delivery of Required Notices to the Estate Administration Unit
461‑135‑0835
Limits on Estate Claims
461‑135‑0837
Administering Medicaid Estate Claims When the Recipient of Assistance was a Native American Indian or Alaskan Native Village Tribal Member
461‑135‑0838
Administering Estate Claims
461‑135‑0839
Title to Real and Personal Property
461‑135‑0841
Undue Hardship Waiver Criteria
461‑135‑0843
Establishing Legal Title, Interest or Form of Ownership
461‑135‑0844
Procedures for Applying for Undue Hardship Waiver
461‑135‑0845
Valuation of Life Estate, Reversionary Interest, and Property
461‑135‑0847
Forms
461‑135‑0850
Specific Requirements
461‑135‑0875
Specific Requirements
461‑135‑0880
OSIPM and QMB Programs
461‑135‑0900
Specific Requirements
461‑135‑0910
Unaccompanied Minor Program
461‑135‑0915
Specific Requirements
461‑135‑0920
Refugees Applying for SSI
461‑135‑0930
Medical Coverage for Refugees
461‑135‑0950
Eligibility for Inmates and Residents of Public Institutions
461‑135‑0990
Specific Requirements
461‑135‑1070
Specific Requirements
461‑135‑1175
Senior Farm Direct Nutrition Program
461‑135‑1185
Low-Income Subsidy Program (LIS)
461‑135‑1186
LIS Applications
461‑135‑1187
Eligibility Determinations and Due Process for LIS
461‑135‑1195
Specific Requirements
461‑135‑1197
Good Cause
461‑135‑1200
Specific Requirements
461‑135‑1230
Benefits
461‑135‑1235
TA-DVS
461‑135‑1240
TA-DVS Program
461‑135‑1250
Closure of Post-TANF Program
461‑135‑1260
Specific Requirements: Job Participation Incentive
461‑135‑1270
Specific Requirements
Last Updated

Jun. 8, 2021

Rule 461-135-0085’s source at or​.us