461-120-0340    Effective 01/01/21
Caretaker Relative Required to Help Division of Child Support Obtain Support from Noncustodial Parent; TANF

In the TANF program:

  1. For a filing group (see OAR 461-110-0310 and 461-110-0330) to be eligible for program benefits, except as permitted in section (2) of this rule:
    1. A caretaker relative (see OAR 461-001-0000) in a filing group (see OAR 461-110-0330) not currently receiving TANF must agree to “cooperate with Division of Child Support (DCS).”
    2. A caretaker relative in a filing group receiving TANF must cooperate with DCS.
  2. A caretaker relative is excused from the requirements of section (1) of this rule:

    1. For good cause under OAR 461-120-0350;
    2. If the caretaker relative is a participant in the JOBS Plus or SFPSS programs, or is receiving Employment Payments (see OAR 461-001-0025) under OAR 461-135-1270; or
    3. If the filing group is a two-parent family.
  3. For the purposes of this rule, cooperate with DCS means make a “good faith effort” (see section (4) of this rule) to help DCS establish parentage for each parent of each needy child (see OAR 461-001-0000); and locate and obtain support payments from the noncustodial parent (see OAR 461-001-0000) of each needy child.
  4. For the purposes of this rule, a good faith effort includes taking such actions as:

    1. Supplying "sufficient information" for DCS to proceed with appropriate actions to establish parentage of a dependent child (see OAR 461-001-0000), to locate a noncustodial parent, or to establish, modify, or enforce a support order with respect to any child in the benefit group (see OAR 461-110-0750). Sufficient information includes, but is not limited to, the following, if known to the caretaker relative:

      1. The time and place of each child's conception if parentage is not established and the following information.
      2. Regarding any noncustodial parent of a needy child:

        1. Full legal name and nicknames.
        2. Social Security Number.
        3. Current or last known address.
        4. Current or last known employer, including name and address.
        5. If a student, current or last known school.
        6. Criminal record, including where and when incarcerated.
        7. Date of birth, or age.
        8. Race.
        9. Any known group or organizational affiliations.
        10. Names and addresses of close friends or relatives.
        11. Any other information DCS requests to help locate or identify a noncustodial parent.
    2. Supplying documentation or an explanation of the efforts of the caretaker relative to obtain information requested by DCS (if unable to provide sufficient information).
    3. Keeping appointments with DCS related to establishing parentage.
    4. Returning telephone calls and responding to correspondence when requested to do so by DCS.
  5. If an individual is part of a filing group not currently receiving TANF, and the individual fails to comply with the requirements set under this rule, the filing group is ineligible for TANF until the individual meets the requirements.
  6. If an individual who is part of a filing group receiving TANF fails to comply with the requirements set under this rule, the Department applies penalties in the following manner until the individual meets the requirements:

    1. The net monthly TANF benefit of the benefit group, after reductions for the individual's failure to comply with requirements of the JOBS program are made, is reduced by:

      1. 25 percent for the first month following the month in which failure to comply is determined.

      2. 50 percent for the second month following the month in which failure to comply is determined.

      3. 75 percent for the third month following the month in which failure to comply is determined.

      4. 100 percent (total ineligibility for the benefit group) for the fourth and subsequent months following the month in which failure to comply is determined.

    2. Once a penalized individual complies with the requirements and benefits are no longer reduced under this rule, a subsequent penalty is imposed without regard to any prior penalty.

    3. If the TANF payment is affected by the penalty imposed under this rule, eligibility (see OAR 461-001-0000) for and the level of SNAP benefits are determined as if the individual were receiving cash benefits without reduction due to the penalty.

  7. The penalty provided by this rule ends when the caretaker relative complies with the requirements set under this rule.

Statutory/Other Authority: ORS 411.060, 411.070, 412.024, 412.049
Statutes/Other Implemented: ORS 411.060, 411.070, 412.024, 412.049

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