Previous Rules

461-135-1200     Effective 10/01/05
Domestic violence

  1. The Department is authorized by ORS 411.117 to waive or modify requirements of the TANF program that make it more difficult for clients to escape domestic violence or put them at risk of further or future domestic violence.

  2. The Department waives the TANF requirement in OAR 461-135 0070(1)(e) for a pregnant woman to have reached late pregnancy if a client is at risk of further or future domestic violence.

  3. Except as provided in section (4) of this rule, a client is not required to meet a requirement of the TANF program contained in this chapter of rules if and while compliance by the client would make it more difficult for the client to escape domestic violence or place the client at risk of further or future domestic violence.

  4. The following TANF requirements remain in effect as described even if a client is a victim of domestic violence or at risk of victimization by domestic violence:

    1. The TANF requirements in OAR 461-135-0070 to be a dependent child, a caretaker relative, or parent.

    2. The TANF requirement in OAR >461-135-0630 that a dependent child live with a caretaker relative, except the latter requirement may be waived during a reasonable period while the caretaker relative escapes from further or future domestic violence.

    3. The requirement of residency for TANF in OAR 461-120-0010 except that a person may access TA-DVS if the person meets all other eligibility requirements and is currently in Oregon while fleeing to another state for safety reasons arising from domestic violence.

    4. Income or resource limits except as specifically provided in OAR 461-140-0020 and 461-140-0040.

Stat. Auth.:  ORS 411.117
Stats. Implemented: ORS 411.117

461-135-1200 Effective 10/01/02
Domestic violence

  1. The Department is authorized by ORS 411.117 to waive or modify requirements of the TANF program that make it more difficult for clients to escape domestic violence or put them at risk of further or future domestic violence. The waivers and modifications are found in the Department's administrative rules. A complete list is available in the Department's Family Services Manual.

  2. Except as provided in sections (3) and (4) of this rule, a client is not required to meet a requirement of the TANF program contained in this chapter of rules if and while the client's compliance would make it more difficult for the client to escape domestic violence or place the client at risk of further or future domestic violence.

  3. The Department does not waive the requirements in OAR 461-135-0070 to be a dependent child, a caretaker relative, or parent or the requirement in OAR 461-135-0630 that a dependent child live with a caretaker relative, except the latter requirement may be waived during a reasonable period while the caretaker relative escapes from further or future domestic violence. The Department waives the requirement in OAR 461-135-0070(1)(e) for a pregnant woman to have reached late pregnancy when the client has a current safety concern or is at risk due to domestic violence.

  4. The Department does not waive the income or resource limits except as specifically provided in OAR 461-140-0020 and -0040.

Stat. Auth.: ORS 411.117
Stats. Implemented: ORS 441.117

461-135-1200 Effective 12/01/99
Domestic violence

  1. The Division is authorized by ORS 411.117 to waive or modify requirements of the TANF program that make it more difficult for clients to escape domestic violence or put them at risk of further or future domestic violence. The waivers and modifications are found in the Division's administrative rules. A complete list is available in the Division's Family Services Manual.

  2. Except as provided in sections (3) and (4) of this rule, client is not required to meet a requirement of the TANF program contained in this chapter of rules if and while the client's compliance would make it more difficult for the client to escape domestic violence or place the client at risk of further or future domestic violence.

  3. The Division does not waive the requirements in OAR 461-135-0070 to be a dependent child, a caretaker relative, or parent or the requirement in OAR 461-135-0630 that a dependent childlive with a caretaker relative, except the latter requirement may be waived during a reasonable period while the caretaker relative escapes from further or future domestic violence.

  4. The Division does not waive the income or resource limits except as specifically provided in OAR 461-140-0020 and 461-140-0040.

Stat. Auth.: ORS 411.117
Stats. Implemented: ORS 441.117

461-135-1200 Effective 1/1/99
Domestic violence

  1. The Division is authorized by ORS 411.117 to waive or modify requirements of the TANF program that make it more difficult for clients to escape domestic violence or put them at risk of further or future domestic violence. The waivers and modifications are found in the Division's administrative rules regarding applications, the emergency assistance program, income, resources, and other topics. A complete list is available in the Division's Family Services Manual.

  2. Except as provided in sections (3) and (4), a client is not required to meet a requirement of the TANF program contained in these rules (chapter 461) if and while the client's compliance would make it more difficult for the client to escape domestic violence or place the client at risk of further or future domestic violence.

  3. The Division does not waive the requirements in OAR 461-135-0070 to be a dependent child, a caretaker relative, or parent or the requirement in OAR 461-120-0630 that a dependent child live with a caretaker relative, except the latter requirement may be waived during a reasonable period while the caretaker relative escapes from further or future domestic violence.

  4. The Division does not waive the income or resource limits except as specifically provided in OAR 461-140-0020 and -0040.

Domestic Violence; Defined
461-135-1200 Eff 10/1/98

  1. Domestic violence is the occurrence of one or more of the following acts between family members, intimate partners or household members:

    1. Attempting to cause or intentionally, knowingly or recklessly causing physical injury or emotional, mental or verbal abuse.

    2. Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury.

    3. Committing sexual abuse in any degree as defined in Chapter 163 of the Oregon Revised Statutes.

    4. Using coercive or controlling behavior.

  2. Waive or modify ADC eligibility requirements, except the following, if those requirements make it more difficult for individuals to escape domestic violence or place them at risk of further, future violence. These waivers and modifications are intended to be temporary, and to help victims of domestic violence to move forward with their self-sufficiency and to meet program requirements when safe.

    1. Do not waive the requirement to be a parent, caretaker relative or dependent child per rule 461-135-070(1) or to live with a caretaker relative per rule 461-120-0630. This requirement may be modified if the caretaker is fleeing a violent situation and must temporarily leave the children. Give the caretaker a reasonable period of time to regain physical custody of the children.

    2. Do not the waive the income or resource limit. However:

      1. Consider income as unavailable to the victim if it is controlled by their abuser.

      2. Treat resources as follows:

        1. Consider resources that are jointly shared with the abuser as unavailable to the victim of domestic violence if pursuing them would put the person at further risk.

        2. Exclude resources being used by the victim to flee the abusive situation (e.g., money needed to move into stable housing) .

    3. Do not require domestic violence victims to participate in specific JOBS and other activities that could jeopardize their safety or the safety of their children.

  3. When domestic violence victims do not cooperate with assigned JOBS activities, they are not eligible for the ADC cooperation incentive. In addition, apply disqualifications as follows:

    1. If the caretaker relative meets the citizen/alien status requirement, apply JOBS disqualifications in accordance with OAR 461-130-0330.

    2. If the caretaker relative receives ADC benefits because the alien status requirement is waived:

      1. For the first two months of noncooperation, reduce the payment standard by $50.

      2. For the third and subsequent months of noncooperation, remove all ineligible aliens from the ADC need group.