Or. Admin. Code § 461-135-1197

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-135-1197 - Good Cause; SFPSS

In the SFPSS program:

(1) The Department does not require a client to provide verification of good cause if providing the verification would expose the client to increased risk of domestic violence (see OAR 461-001-0000).

(2) If in making a determination under this rule, a client's physical or mental impairment is in question, the Department may require the client to provide documentation from a qualified and appropriate medical professional.

(3) A client is excused for good cause from a failure to comply with a requirement of the SFPSS program, including an activity (see OAR 461-001-0025) in a case plan (see 461-001-0025) in the following circumstances:

(a) Participation in a required activity in a case plan would have an adverse effect on or risk to the client's physical or mental health or would expose the client to increased risk of domestic violence (see OAR 461-001-0000).

(b) Participation is likely to cause undue hardship for the dependent child (see OAR 461-001-0000) or the client.

(c) When the failure to comply is caused by the failure of the Department to timely provide or authorize a support service payment.

(d) Appropriate child care, or day care for an individual in the household who has a disability (see OAR 461-001-0000) that substantially reduces or eliminates the individual's ability to care for himself or herself, cannot be obtained. "Appropriate child care" means that:

(A) Both the provider and the place where care is provided meet health, safety, and provider requirements as required in OAR 414-175-0080;

(B) The care accommodates the parent's work schedule; and

(C) The care meets the specific needs of the dependent child, such as age and special-needs requirements.

(e) The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute.

(f) The work attachment position or employment requires the client to join a union, and the client has religious objections to unions.

(g) The client's participation in a required activity in a case plan would prevent or interfere with the client's participation in an activity of the Confederated Tribes of Grand Ronde's NEW program.

(h) The client's failure to participate is due to a circumstance beyond his or her reasonable control.

(i) When the failure to comply is caused by an aspect of the client's disability, including the Department's failure to provide a reasonable accommodation.

(j) The client quits a job to accept another job with a monthly income at least equal to the monthly income of the first job.

(k) An individual separated from his or her most recent employment for circumstances the Department determines are reasonable.

Or. Admin. Code § 461-135-1197

SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 5-2023, minor correction filed 01/04/2023, effective 1/4/2023; SSP 33-2023, minor correction filed 07/18/2023, effective 7/18/2023

Statutory/Other Authority: ORS 411.060, 412.006, 412.009, 412.014 & 412.049

Statutes/Other Implemented: ORS 411.060, 411.070, 412.006, 412.009, 412.014 & 412.049