OAR 461-135-1200
Specific Requirements; TA-DVS

(1) The TA-DVS program addresses temporary needs of individuals --
(a) Who are currently victims of domestic violence (see OAR 461-001-0000 (Definitions for Chapter 461)), have been victims of domestic violence, or are at risk of victimization by domestic violence;
(b) Whose safety is at risk because of domestic violence or the current threat of domestic violence; and
(c) Who meet the financial and non-financial requirements of this rule.
(2) An individual must complete the application process as defined in OAR 461-115-0020 (Application Requirements). The Department is to follow the application time frames outlined under OAR 461-115-0190 (Application Processing Time Frames; Not Pre-TANF or SNAP).
(3) An applicant may complete the application process as follows:
(a) In addition to the methods listed under OAR 461-115-0040 (Filing Date; REF, SNAP, TANF), the “filing date” may be established telephonically by the Department making record of:
(A) The name of the applicant,
(B) The applicant’s address,
(C) The applicant’s request for TA-DVS benefits,
(D) The applicant stating their full name as their signature, and
(E) The date the above occur.
(b) Any individual may apply for TA-DVS benefits using the Department approved “telephonic application” (see section (c) of this rule) and “narrated telephonic signature” (see section (d) of this rule) processes. An individual submitting a telephonic application must submit the application with a narrated telephonic signature.
(c) A telephonic application is accepted when the following requirements are met:
(A) All questions on the application are answered.
(B) All information necessary to determine eligibility (see OAR 461-001-0000 (Definitions for Chapter 461)) and benefit amount is provided for each individual in the filing group (see OAR 461-110-0310 (Filing Group; Overview)).
(C) The applicant provides a narrated telephonic signature as defined under this rule.
(d) A narrated telephonic signature is accepted for an application for TA-DVS benefits when the Department makes record that the following requirements are met:
(A) The “Your Rights and Responsibilities” form is reviewed and provided to the applicant.
(B) The following sections at the end of the application form are reviewed and provided to the applicant:
(i) “Information about all programs,” and
(ii) “Information about your rights and responsibilities.”
(C) The applicant affirms that they:
(i) Have heard and understand their rights and responsibilities;
(ii) Agree to their rights and responsibilities;
(iii) Have given true, correct, and complete information to the Department; and
(iv) States their full name as their signature.
(D) The Department makes record of the narrated telephonic signature.
(4) The Department is authorized by ORS 411.117 (Requirements when victims of domestic violence apply for or receive TANF) to waive or modify requirements of the TANF program that make it more difficult for applicants to escape domestic violence or put them at risk of further or future domestic violence.
(5) The Department waives the TANF requirement in OAR 461‑135‑0070(1)(a) for a pregnant woman to have reached late pregnancy if an applicant is at risk of further or future domestic violence.
(6) The filing group requirements in the TA-DVS program are the same as for the TANF program (see OAR 461-110-0330 (Filing Group; TANF)), except the abuser is not considered in the filing group.
(7) The financial eligibility requirements in the TA-DVS program are the same as for the TANF program except that:
(a) A TANF grant does not count as income.
(b) Income received during the budget month is not counted if the applicant does not have reasonable access to the money or cannot access the money independently of the abuser.
(c) Income received during the budget month is not counted if the applicant needs the money for expenses made necessary to flee from abuse.
(d) There is no resource limit.
(e) The income limit is the applicable TANF Countable Income Limit Standard (OAR 461-155-0030 (Income and Payment Standards; REF, TANF)), but the TA-DVS program uses net income, minus living deductions on the DHS Form 1542, against the amounts set out under the TANF Countable Income Limit.
(f) SSI income is countable (see OAR 461-001-0000 (Definitions for Chapter 461)), if available in time to meet the emergent need (the immediate safety need) of the applicant.
(8) The non-financial requirements in the TA-DVS program are the same as for the TANF program except that:
(a) Citizenship and noncitizen status requirements (OAR 461-120-0110 (Citizenship and Alien Status Requirements)) are waived.
(b) There are no requirements to assign support rights.
(c) There are no requirements to pursue assets (see OAR 461-120-0330 (Requirement to Pursue Assets)).
(d) There is no requirement of regular school attendance (OAR 461-120-0510 (Age Requirements for Clients to Receive Benefits)), except that if the only dependent child (see OAR 461-001-0000 (Definitions for Chapter 461)) is at least the age of 18, the dependent child must meet requirements of OAR 461-120-0510 (Age Requirements for Clients to Receive Benefits).
(e) The recipient is not required to participate in an employment program.
(f) The TANF program requirement for a caretaker relative (see OAR 461-001-0000 (Definitions for Chapter 461)) in the need group (see OAR 461-110-0630 (Need Group)) to not have been separated from their most recent employment (see OAR 461-135-0070 (Specific Requirements; TANF)) is waived when there is risk of further or future domestic violence.
(9) Verification in the TA-DVS program is required as in the TANF program. Verification of financial or non-financial eligibility factors is postponed if the delay in finding the applicant eligible would prevent the applicant from meeting an emergent need.
(10) No verification is required that the applicant is a victim of domestic violence or needs to flee from abuse unless:
(a) The individual has been arrested for or convicted of an act of domestic violence in the past and it is uncertain whether the individual is a victim of domestic violence. In this situation, the Department verifies that the individual is not or was not a perpetrator of domestic violence.
(b) It is unclear who the abuser is because multiple individuals list each other as the perpetrator during overlapping applications or eligibility periods.
(11) Verification as needed in situations described in subsections (10)(a) and (10)(b) of this rule includes, but is not limited to, a statement from a law enforcement officer, a district attorney, the court, a batterer intervention program, a victim’s advocate, a Child Welfare staff person, a mental health provider, a health care or other medical provider, a member of the clergy, or other professional from whom the individual has requested assistance to address the alleged domestic violence indicating that the individual is not a perpetrator of domestic violence or is a self-defending victim. This statement is adequate verification. If no verification is available, the Department’s central office TA-DVS Policy Analyst may assist the field in determining what other verification is acceptable.
(12) The following TANF requirements remain in effect as described even if an individual is a victim of domestic violence or at risk of victimization by domestic violence:
(a) The TANF requirements in OAR 461-135-0070 (Specific Requirements; TANF) to be a dependent child, a caretaker relative, or a parent (see OAR 461-001-0000 (Definitions for Chapter 461)).
(b) The TANF requirement in OAR 461-120-0630 (Requirement to Live with a Caretaker or Caretaker Relative) that a dependent child live with a caretaker relative, except the latter requirement may be waived while the caretaker relative escapes from further or future domestic violence if the dependent child is expected to return within the 90-day eligibility period.
(c) The TANF requirement of residency (see OAR 461-120-0010 (Residency Requirements)) except when an individual does not intend to stay in Oregon if the reason for leaving is due to their current domestic violence situation.
(d) Income or resource limits except as specifically provided in OAR 461-140-0020 (Availability of Resources) and OAR 461-140-0040 (Determining Availability of Income).

Source: Rule 461-135-1200 — Specific Requirements; TA-DVS, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-135-1200.

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 461-135-1200’s source at or​.us