Or. Admin. Code § 461-190-0231

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

Section 461-190-0231 - Re-engagement; JOBS, REP, SFPSS, TA-DVS

In the JOBS, REP, SFPSS, and TA-DVS programs:

(1) When aspects of the case plan (OAR 461-001-0025) have not been met or are in dispute, the re-engagement process provides an opportunity for the individual and the Department to --

(a) Review and re-evaluate the case plan and other information gathered related to the strengths and challenges of the individual and family;

(b) Identify expectations, concerns, and completion of activities in the case plan;

(c) Consider whether the case plan is still appropriate;

(d) Develop options that support the individual; and

(e) Revise the case plan if appropriate.

(2) The re-engagement process is intended to assist the Department in identifying whether the individual is unable or unwilling to participate in the case plan.

(a) In the JOBS, REP, and SFPSS programs, if:

(A) A screening for physical or mental health needs, substance abuse, domestic violence (see OAR 461-001-0000), or learning needs has not been completed, the re-engagement process requires an additional opportunity to initiate those screenings for potential challenges to participation not previously identified.

(B) A screening described in paragraph (A) of this subsection indicates follow-up is needed. The re-engagement process requires an opportunity to initiate the follow-up for potential challenges to participation not previously identified.

(b) Circumstances that require a determination of whether good cause (see OAR 461-130-0327) exists include disagreements about the case plan, irregular attendance at activities, missed appointments, failure to participate in a component of the case plan, and (in the JOBS and REP programs) refusal to accept or maintain employment.

(c) In the TA-DVS program, there are no participation requirements. The re-engagement process is intended to provide an opportunity to address problems with the case plan (see OAR 461-135-1230) and an opportunity to modify the case plan.

(3) In the JOBS and REP programs, the re-engagement process must include:

(a) Assessing the risk of harm posed to the children in the filing group by the reduction in aid payments and taking steps to ameliorate the risk.

(b) An attempted community visit, which may include meeting in the participant's home, on their porch or yard, a nearby park, or other neutral location where the participant is comfortable.

(4) The individual, the Department, or the Department's contractor may initiate the re-engagement process. The re-engagement process is not a required activity. The Department may not disqualify individuals based on their failure to participate in the re-engagement process.

(5) The individual or Department may invite partner agencies, Department contractors, persons currently working with the individual, or other individuals who have information relevant to the re-engagement process to any appointments or meetings scheduled as part of the process.

(6) The re-engagement process ends when any of the following subsections applies:

(a) In the JOBS program, when any of the following paragraphs applies:

(A) The Department has determined the individual has met federally required participation rates (see OAR 461-001-0025).

(B) The Department and the participant agree to a modified case plan.

(C) The Department has determined the individual is exempt from JOBS Employment Program participation and disqualification under OAR 461-130-0310.

(D) The Department has determined the individual is a JOBS volunteer (see OAR 461-130-0310).

(E) The efforts to re-engage are unsuccessful for any of the following reasons:

(i) The individual clearly indicates an intent not to participate in the re-engagement process;

(ii) The individual refuses to participate in the individual's case plan and has the ability to engage;

(iii) The individual has no challenges to participate or is unwilling to take appropriate steps to address identified challenges to participation in the program; or

(iv) The Department determines that an individual did not have good cause (see OAR 461-130-0327) for not complying with a requirement of the JOBS employment program, and the individual is able but unwilling to address the issue through activities that address challenges or through case plan modifications.

(b) In the REP program, when any of the following paragraphs applies:

(A) The Department has determined the individual is exempt from REP participation and disqualification under OAR 461-130-0310(4).

(B) The individual clearly indicates an intent not to participate in the re-engagement process.

(C) The individual is willfully non-compliant and has the ability to participate in the program.

(D) A decision is made by the Department that an individual did not have good cause for not complying with a requirement of the REP program.

(E) The Department has determined the individual is an REP volunteer (see OAR 461-130-0310).

(F) The Department has determined that the case plan is inappropriate and requires modification.

(c) In the SFPSS program, after a review team consisting of SFPSS program staff including the case manager, disability analyst, and appropriate medical professional determine the individual does not have good cause for non-cooperation and no accommodations or modifications can be made to support the participant being re-engaged.

(7) The re-engagement process must end unsuccessfully before the Department begins the process of disqualifying an individual for a failure to comply with a requirement of the JOBS or REP programs.

(8) In the SFPSS program, when the re-engagement process ends unsuccessfully, an individual removed from the program is returned to the TANF program.

Or. Admin. Code § 461-190-0231

AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 18-1998, f. & cert. ef. 10-2-98; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 23-2016, f. 6-28-16, cert. ef. 7/1/2016; SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 7-2023, amend filed 01/24/2023, effective 2/1/2023; SSP 32-2024, minor correction filed 04/25/2024, effective 4/25/2024

Statutory/Other Authority: ORS 409.050, 411.060, 412.009, 412.014 & 412.049

Statutes/Other Implemented: ORS 409.010, 411.060, 412.009, 412.014, 412.049, 45 CFR 261.12, 45 CFR 261.13, 45 CFR 261.14 & 412.072