Or. Admin. Code § 461-135-1200
Current through Register Vol. 63, No. 12, December 1, 2024
Section 461-135-1200 - Specific Requirements; TA-DVS(1) The Temporary Assistance for Domestic Violence Survivors (TA-DVS) program addresses temporary needs of individuals -- (a) Who are currently surviviors of domestic violence (see OAR 461-001-0000), have been survivors of domestic violence, or are at risk of further domestic violence;(b) Whose current or future safety is at risk because of domestic violence; and(c) Who meet the financial and non-financial requirements of this rule.(2) An individual must complete the application process as defined in OAR 461-115-0020. The Department is to follow the application time frames outlined under OAR 461-115-0190.(3) The Department is authorized by ORS 412.072 to waive or modify requirements of the Temporary Assistance for Needy Families (TANF) program that make it more difficult for individuals to escape domestic violence or put them at risk of further or future domestic violence.(4) The Department waives the TANF requirement in OAR 461-135-0070(1)(a) for a pregnant individual to have reached late pregnancy if an individual is at risk of further or future domestic violence.(5) The filing group requirements in the TA-DVS program are the same as for the TANF program (see OAR 461-110-0330), except the abuser is not considered in the filing group.(6) The financial eligibility requirements in the TA-DVS program are the same as for the TANF program except that: (a) A TANF grant does not count as income.(b) Income received during the budget month (see OAR 461-001-0000) is not counted if the individual:(A) Has already spent the money, does not have reasonable access to the money, or cannot access the money independently of the abuser;(B) Needs the money for expenses made neccessary to flee from abuse; or(C) Needs the money for anticipated budget month expenses, including but not limited to, rent or mortgage, utilities, childcare, medical, food, telephone, or transportation costs.(c) There is no resource limit.(d) The income limit is the applicable TANF Countable Income Limit Standard (OAR 461-155-0030), but the TA-DVS program uses net income, after expenses provided in subsection (6)(b) of this rule.(e) SSI income is countable (see OAR 461-001-0000), if available in time to meet the emergent need (the immediate safety need) of the individual.(7) The non-financial requirements in the TA-DVS program are the same as for the TANF program except that: (a) Citizenship and noncitizen status requirements (OAR 461-120-0110) are waived.(b) There are no requirements to assign support rights.(c) There are no requirements to pursue assets (see OAR 461-120-0330).(d) There is no requirement of regular school attendance (OAR 461-120-0510), except that if the only dependent child (see OAR 461-001-0000) is at least the age of 18, the dependent child must meet requirements of OAR 461-120-0510.(e) The individual is not required to participate in an employment program.(f) The Department waives the ineligibility of a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) who is a striker (see OAR 461-130-0328).(8) Verification in the TA-DVS program is required as in the TANF program. Verification of financial or non-financial eligibility factors is postponed if the delay in finding the individual eligible would prevent the individual from meeting an emergent need.(9) No verification is required that the individual is a survivor of domestic violence or needs to flee from abuse unless: (a) The individual has been arrested for or convicted of an act of domestic violence in the past and it is uncertain whether the individual is a survivor of domestic violence. In this situation, the Department verifies whether the individual is currently a survivor of domestic violence.(b) It is unclear who the survivor is because multiple individuals list each other as the survivor during overlapping applications or certification periods.(10) Verification as needed in situations described in subsections (9)(a) and (9)(b) of this rule includes, but is not limited to, a statement from a law enforcement officer, a district attorney, the court, a batterer intervention program, a victim's advocate, a Child Welfare staff person, a mental health provider, a health care or other medical provider, a member of the clergy, or other professional from whom the individual has requested assistance to address the alleged domestic violence indicating that the individual is a survivor of domestic violence or is a self-defending survivor. This statement is adequate verification. If no verification is available, the Department's central office TA-DVS Policy Analyst may assist in determining what other verification is acceptable.(11) The following TANF requirements remain in effect as described even if an individual is a survivor of domestic violence or at risk of further domestic violence:(a) The TANF requirements in OAR 461-135-0070 to be a dependent child, a caretaker relative, or a parent.(b) The TANF requirement in OAR 461-120-0630 that a dependent child live with a caretaker relative, except the latter requirement may be waived while the caretaker relative escapes from further or future domestic violence if the dependent child is expected to return within the 90-day certification period (see OAR 461-001-0000).(c) The TANF requirement of residency (see OAR 461-120-0010) except when an individual does not intend to stay in Oregon if the reason for leaving is due to their current domestic violence situation.(d) Income or resource limits except as specifically provided in OAR 461-140-0020 and OAR 461-140-0040.Or. Admin. Code § 461-135-1200
AFS 19-1997, f. & cert. ef. 10-1-97; AFS 17-1998, f. & cert. ef. 10-1-98; AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99; Administrative correction 2-23-99; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 21-2018, amend filed 06/05/2018, effective 7/1/2018; SSP 31-2020, temporary amend filed 09/04/2020, effective 09/04/2020 through 03/02/2021; SSP 44-2020, amend filed 12/22/2020, effective 1/1/2021; SSP 29-2024, amend filed 03/26/2024, effective 4/1/2024Statutory/Other Authority: ORS 409.050, 411.060, 412.049 & 412.072
Statutes/Other Implemented: ORS 409.010, 411.060, 412.049, 45 CFR 260.50 - 260.55 & 412.072