Public Assistance and Medical Assistance
Requirements when victims of domestic violence apply for or receive TANF
(1)The Department of Human Services shall:
(a)Identify applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence.
(b)Ensure that appropriate individuals on the local level who provide assistance to domestic violence victims participate in individualized case management with the department.
(c)Refer individuals identified under this subsection to appropriate counseling and support services.
(d)Waive or modify any temporary assistance for needy families program requirements that may make it more difficult for individuals identified under this subsection to escape domestic violence or place those individuals at risk of further or future domestic violence, including but not limited to:
(A)Time limits on receipt of benefits;
(C)Paternity establishment and child support cooperation requirements;
(E)Family cap provisions; and
(F)Penalties for failure to comply with a program requirement.
(e)Maintain emergency assistance eligibility and payment limits for victims of domestic violence or persons at risk of victimization by domestic violence identified under this section at no less than the levels in effect on January 1, 1997.
(f)Allow eligibility for temporary assistance for needy families for persons identified under this section as victims of domestic violence or persons identified as at risk of victimization by domestic violence who would otherwise be eligible except for the fact that they are noncitizens.
(2)All information received by the department in identifying the individuals described in subsection (1) of this section shall remain confidential.
(3)For purposes of this section, “domestic violence” means the occurrence of one or more of the following acts between family members, intimate partners or household members:
(a)Attempting to cause or intentionally, knowingly or recklessly causing physical injury or emotional, mental or verbal abuse;
(b)Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury;
(c)Committing sexual abuse in any degree as defined in ORS 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree) and 163.427 (Sexual abuse in the first degree); or
(d)Using coercive or controlling behavior. [1997 c.330 §2; 2011 c.9 §53]
Atty. Gen. Opinions
Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143