ORS 412.074
Use and custody of records of temporary assistance for needy families program

  • rules

(1)

Except as otherwise provided in this section and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 (Department of Human Services) or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties.

(2)

Nothing in this section prohibits the disclosure and use of information about applicants and recipients as is necessary to carry out the child support enforcement laws of this state and of the United States.

(3)

Nothing in this section prohibits the disclosure of the address of any applicant or recipient to a law enforcement official at the request of such official. To receive information pursuant to this section, the official must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a)

Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b)

Is violating a condition of probation or parole; or

(c)

Has information that is necessary for the official to conduct the official duties of the official and the location or apprehension of the applicant or recipient is within such official duties. [Formerly 418.130]

Source: Section 412.074 — Use and custody of records of temporary assistance for needy families program; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors412.­html.

(formerly 418.130)

Notes of Decisions

Since this section makes public assistance records confidential to protect recipients from exploitation by third parties, recipients themselves are not within class of persons to whom disclosure is forbidden. Stivahtis v. Juras, 13 Or App 519, 511 P2d 421 (1973)

412.001
Definitions 412.002
Legislative findings 412.006
Administration of temporary assistance for needy families program 412.007
Determination of amount of aid 412.009
Engagement in JOBS 412.011
Support service payments to prevent loss of employment 412.014
State Family Pre-SSI/SSDI program 412.016
Enrollment in educational institution as allowable work activity 412.024
Assignment of support rights 412.026
Payment of aid to individual other than relative 412.028
Petition for and appointment of guardian or conservator 412.029
Expenditures limited to needs of beneficiary 412.034
Denial of aid when unemployed parent refuses employment 412.039
Cooperation of department with Director of Employment Department and all available workforce services to find employment for parent 412.044
Cooperation with other agencies to provide vocational training 412.049
Powers and duties of department 412.054
Application for aid 412.059
Investigation of eligibility of child 412.064
Authority to determine eligibility 412.069
Appeal from denial of or failure to act on application or from modification or cancellation of aid 412.074
Use and custody of records of temporary assistance for needy families program 412.079
Time limits 412.084
Minor parents’ eligibility to receive assistance and support services 412.089
Referral to mental health or drug abuse professional 412.094
Public officials to cooperate in locating and furnishing information concerning parents of children receiving or applying to receive public assistance and in prosecuting nonsupport cases 412.109
Policy on absent parent 412.124
Post-TANF aid to employed families 412.139
Duties of department relating to federal law 412.144
Duties of department relating to other agencies 412.151
Statewide electronic benefits transfer system 412.155
Additional monthly payments of elderly rental assistance 412.161
Policy on two-parent families 412.991
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 412.074’s source at oregon​.gov