Or. Admin. Code § 461-135-0085 - Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; TANF
In the TANF program:
(1) For the purposes of this rule:
(a) "Assessment for substance abuse" means an
assessment performed by an appropriate licensed professional with the purpose
of discovering the presence of substance abuse.
(b) "Controlled substance" means a drug or
its immediate precursor classified in Schedules I through V under the
Controlled Substances Act, 21 U.S.C. 811 to
812, as modified under ORS
475.035. The use of the term
"precursor" in this subsection does not control and is not controlled by the
use of the term "precursor" in ORS
475.840 to
475.980. Alcohol is not a
controlled substance.
(c)
"Self-identified illegal use" means an individual states they illegally used a
controlled substance within the previous 30 days. Illegal use
does not include the use of a controlled substance pursuant to
a valid prescription, or other use authorized by the Uniform Controlled
Substances Act, ORS 475.005 to
475.285 and
475.840 to
475.980, the federal Controlled
Substances Act, or other Federal law.
(2) When directed by the Department, an adult
member or parenting teen in the need group (see OAR
461-110-0630) who is JOBS
mandatory (see OAR
461-130-0305), must participate
in:
(a) An assessment for substance
abuse if:
(A) The individual has
self-identified illegal use of a controlled
substance; and
(B) The
assessment is available and at no cost to the individual.
(b) Medically appropriate treatment for
substance abuse if it is available and at no cost to the individual when:
(A) The individual reports a qualified and
appropriate professional has diagnosed the individual with a substance abuse
disorder within the previous twelve months; or
(B) An assessment resulted in a diagnosis
requiring medically appropriate treatment for the individual to be successful
in the workplace.
(3) When directed by the Department, an adult
member or parenting teen in the need group (see OAR
461-110-0630) who is JOBS
mandatory (see OAR
461-130-0305), must participate
in medically appropriate treatment for mental health if it is available and at
no cost to the individual when:
(a) The
individual reports a qualified and appropriate professional has diagnosed the
individual with a mental health disorder within the previous twelve months;
or
(b) An evaluation resulted in a
mental health diagnosis requiring medically appropriate treatment for the
individual to be successful in the workplace.
(4) An individual is responsible for
providing information needed by the Department to determine whether the
individual had good cause (see OAR
461-130-0327) for failing to
meet the requirements of this rule. If a medical condition must be evaluated in
regard to the requirements of this rule, the Department will assist the
individual in obtaining a medical opinion from a qualified and appropriate
medical professional.
(5) An
individual who refuses to participate in a required assessment, evaluation, or
the medically appropriate treatment required by this rule is subject to
disqualification in accordance with this section and OAR
461-130-0330 only after the
individual has had an opportunity to participate in the re-engagement process
(see OAR 461-190-0231) including a
determination by the Department of whether the individual had good
cause for non-participation. An individual who is disqualified may end
the disqualification by meeting the provisions in OAR
461-135-0089.
Notes
Statutory/Other Authority: ORS 411.060, 411.070, 411.816, 412.006, 412.009, 412.049 & 412.089
Statutes/Other Implemented: ORS 411.060, 411.070, 411.816, 412.006, 412.009, 412.049, 412.089, 45 CFR 261.12, 45 CFR 261.13 & 45 CFR 261.14
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