Or. Admin. R. 461-135-1200 - Specific Requirements; TA-DVS
(1) The TA-DVS program addresses temporary
needs of individuals --
(a) Who are currently
victims of domestic violence (see OAR 461-001-0000), have been
victims of domestic violence, or are at risk of victimization
by domestic violence;
(b) Whose safety is at risk because of
domestic violence or the current threat 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) An applicant may complete the application
process as follows:
(a) In addition to the
methods listed under OAR 461-115-0040, the "filing date" may be established
telephonically by the Department making record of:
(A) The name of the applicant,
(B) The applicant's address,
(C) The applicant's request for TA-DVS
benefits,
(D) The applicant stating
their full name as their signature, and
(E) The date the above occur.
(b) Any individual may apply for
TA-DVS benefits using the Department approved "telephonic application" (see
section (c) of this rule) and "narrated telephonic signature" (see section (d)
of this rule) processes. An individual submitting a telephonic
application must submit the application with a narrated
telephonic signature.
(c)
A telephonic application is accepted when the following
requirements are met:
(A) All questions on
the application are answered.
(B)
All information necessary to determine eligibility (see OAR
461-001-0000) and benefit amount is provided for each individual in the
filing group (see OAR 461-110-0310).
(C) The applicant provides a
narrated
telephonic signature as defined
under this rule.
(d) A
narrated telephonic signature is accepted for an application
for TA-DVS benefits when the Department makes record that the following
requirements are met:
(A) The "Your Rights
and Responsibilities" form is reviewed and provided to the applicant.
(B) The following sections at the end of the
application form are reviewed and provided to the applicant:
(i) "Information about all programs,"
and
(ii) "Information about your
rights and responsibilities."
(C) The applicant affirms that they:
(i) Have heard and understand their rights
and responsibilities;
(ii) Agree
to their rights and responsibilities;
(iii) Have given true, correct, and complete
information to the Department ; and
(iv) States their full name as their
signature.
(D) The
Department makes record of the narrated
telephonic
signature.
(4) The Department is authorized by ORS
411.117
to waive or modify requirements of the TANF program that make it more difficult
for applicants to escape domestic violence or put them at risk
of further or future domestic violence.
(5) The Department waives the TANF
requirement in OAR 461-135-0070(1)(a) for a pregnant woman to have reached late
pregnancy if an applicant is at risk of further or future domestic
violence.
(6) 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.
(7) 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 is not counted if the applicant does not have
reasonable access to the money or cannot access the money independently of the
abuser.
(c) Income received during
the budget month is not counted if the applicant needs the money for expenses
made necessary to flee from abuse.
(d) There is no resource limit.
(e) The income limit is the applicable TANF
Countable Income Limit Standard (OAR 461-155-0030), but the TA-DVS program uses
net income, minus living deductions on the DHS Form 1542, against the amounts
set out under the TANF Countable Income Limit.
(f) SSI income is countable (see OAR
461-001-0000), if available in time to meet the emergent need (the immediate
safety need) of the applicant.
(8) 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.
(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 recipient is
not required to participate in an employment program.
(f) The TANF program requirement for a
caretaker relative (see OAR 461-001-0000) in the need
group (see OAR 461-110-0630) to not have been separated from their
most recent employment (see OAR 461-135-0070) is waived when there is risk of
further or future domestic violence.
(9) 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 applicant eligible
would prevent the applicant from meeting an emergent need.
(10) No verification is required that the
applicant is a victim 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 victim of
domestic violence. In this situation, the Department verifies
that the individual is not or was not a perpetrator of domestic
violence.
(b) It is
unclear who the abuser is because multiple individuals list each other as the
perpetrator during overlapping applications or eligibility periods.
(11) Verification as needed in
situations described in subsections (10)(a) and (10)(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 not a perpetrator of domestic violence or is
a self-defending victim. This statement is adequate verification. If no
verification is available, the Department's central office TA-DVS Policy
Analyst may assist the field in determining what other verification is
acceptable.
(12) The following TANF
requirements remain in effect as described even if an individual is a victim of
domestic violence or at risk of victimization by
domestic violence:
(a) The
TANF requirements in OAR 461-135-0070 to be a dependent child,
a caretaker relative, or a parent (see OAR
461-001-0000).
(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 eligibility period.
(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.
Notes
Statutory/Other Authority: ORS 409.050, 411.060, 411.117 & 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.117 & 412.049
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.