Or. Admin. R. 461-120-0340 – Caretaker Relative Required to Help the Oregon Child Support Program Obtain Support; TANF

(1) For the purposes of this rule, the following definitions apply:
1. (a) “Cooperate with the Oregon Child Support Program” means make a good faith effort (see subsection (b) of this section) to help the Oregon Child Support Program establish parentage for each parent (see OAR 461-001-0000) of each dependent child (see OAR 461-001-0000) and locate and obtain support payments from each parent of each dependent child.
2. (b) “Good faith effort” means taking such actions as:
  1. (A) Supplying sufficient information for the Oregon Child Support Program to proceed with appropriate actions to establish parentage of a dependent child, to locate each parent or to establish, modify, or enforce a support order with respect to any dependent 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 (see OAR 461-001-0000):
    1. (i) The time and place of each dependent child's conception if parentage is not established.
    2. (ii) Information about any parent of a dependent child, including:
      1. (I) Full legal name and nicknames.
      2. (II) Social Security Number.
      3. (III) Current or last known address.
      4. (IV) Current or last known employer, including name and address.
      5. (V) If a student, current or last known school.
      6. (VI) Criminal record, including where and when incarcerated.
      7. (VII) Date of birth, or age.
      8. (VIII) Race.
      9. (IX) Any known group or organizational affiliations.
      10. (X) Names and addresses of close friends or relatives.
      11. (XI) Any other information the Oregon Child Support Program requests to help locate or identify a parent.
  2. (B) Supplying documentation or an explanation of the efforts of the caretaker relative to obtain information requested by the Oregon Child Support Program (if unable to provide sufficient information).
  3. (C) Keeping appointments with the Oregon Child Support Program related to establishing parentage.
  4. (D) Returning telephone calls and responding to correspondence when requested to do so by the Oregon Child Support Program.
(2) A caretaker relative in the filing group (see OAR 461-110-0310 and 461-110-0330), except as permitted in section (3) of this rule, must:
1. (a) Agree to cooperate with the Oregon Child Support Program (see section (1) of this rule) for each dependent child for whom they are requesting benefits, both at initial application and renewal of benefits.
2. (b) Agree to cooperate with the Oregon Child Support Program for each additional dependent child they request benefits for during the certification period (see OAR 461-001-0000).
3. (c) Cooperate with the Oregon Child Support Program for each dependent child in the benefit group (see OAR 461-110-0750).
(3) A caretaker relative is excused from the requirements in section (2) of this rule:
1. (a) For good cause under OAR 461-120-0350;
2. (b) If the caretaker relative is a participant in the Job Opportunity and Basic Skills (JOBS) Plus or State Family Pre-SSI/SSDI (SFPSS) programs, or is receiving Employment Payments (see OAR 461-001-0025) under OAR 461-135-1270; or
3. (c) If the filing group consists of more than one caretaker relative.
(4) When a caretaker relative no longer meets the provisions of section (3) of this rule, the caretaker relative must comply with the requirements in subsections (2)(b) and (2)(c) of this rule.
(5) If a caretaker relative in the filing group fails to comply with the requirement described in subsection (2)(a) of this rule, the filing group is ineligible for TANF.
(6) If a caretaker relative fails to comply with the requirement in subsection (2)(b) of this rule for any dependent child they receive or request benefits for during the certification period:
1. (a) Subject to all other eligiblity criteria, only the dependent child(ren) for whom the caretaker relative complies with the requirement in subsection (2)(b) of this rule and the caretaker relative are eligible for TANF benefits.
2. (b) Dependent child(ren) for whom the caretaker relative does not comply with the requirement in subsection (2)(b) of this rule are ineligible for TANF benefits.
3. (c) If there are no dependent child(ren) for whom the caretaker relative complies with subsection (2)(b) of this rule, the filing group is ineligible for TANF.
(7) If a caretaker relative in the filing group fails to comply with the requirement in subsection (2)(c) of this rule, the Department applies penalties in the following manner until the caretaker relative meets the requirement:
1. (a) The net monthly TANF benefit of the benefit group, after reductions for the caretaker relative’s failure to comply with requirements of the JOBS program are made, is reduced by:
  1. (A) 25 percent for the first month following the month in which failure to comply is determined.
  2. (B) 50 percent for the second month following the month in which failure to comply is determined.
  3. (C) 75 percent for the third month following the month in which failure to comply is determined.
  4. (D) 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. (b) Once a penalized caretaker relative 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. (c) If the TANF payment is affected by the penalty imposed under this rule, Supplemental Nutrition Assistance Program (SNAP) benefits will be affected as prescribed in OAR 461-145-0105.
(8) The penalty provided by this rule will continue at renewal of benefits and when there is a break in benefits for less than two calendar months following the month of closure.
(9) The penalty provided by this rule ends:
1. (a) When the Oregon Child Support Program has informed the Department that the non-cooperative caretaker relative has started cooperating with the Oregon Child Support Program as described in subsection (2)(c) of this rule;
2. (b) On the last day of the second calendar month following the month of closure; or
3. (c) When the caretaker relative is excused from cooperation requirements per section (3) of this rule.
(10) If the penalty provided by this rule ends due to the filing group consisting of more than one caretaker relative and the filing group status changes to one caretaker relative, the penalty resumes for the duration described in section (8) of 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

History

SSP 12-2025, amend filed 06/26/2025, effective 07/01/2025
SSP 50-2024, minor correction filed 09/04/2024, effective 09/04/2024
SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021
SSP 23-2020, temporary amend filed 07/21/2020, effective 07/21/2020 through 01/16/2021
SSP 15-2016, f. & cert. ef. 4-1-16
SSP 8-2013, f. & cert. ef. 4-1-13
SSP 36-2012, f. 12-28-12, cert. ef. 12-29-12
SSP 24-2012(Temp), f. 6-29-12, cert. ef. 7-1-12 thru 12-28-12
SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12
SSP 29-2011(Temp), f. & cert. ef. 10-5-11 thru 4-2-12
SSP 28-2009, f. & cert. ef. 10-1-09
SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09
SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08
SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04
CWP 37-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04
AFS 13-2002, f. & cert. ef. 10-1-02
AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00
AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98
AFS 5-1998(Temp), f. & cert. ef. 3-11-98 thru 5-31-98
AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98
AFS 19-1997, f. & cert. ef. 10-1-97
AFS 31-1996, f. & cert. ef. 9-23-96
AFS 28-1992, f. & cert. ef. 10-1-92
AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92
AFS 8-1992, f. & cert. ef. 4-1-92
AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90