Chapter 411

 

      Chapter 411

 

ATTY. GEN. OPINIONS: Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

 

      411.010

 

NOTES OF DECISIONS

 

      Support services given to facilitate participation in program of employment or self-sufficiency skills development are not general assistance or public assistance. Huxford v. Adult and Family Services Division, 174 Or App 1, 23 P3d 390 (2001), Sup Ct review denied

 

      411.060

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 411.113)

 

      Public Welfare Division is authorized to condition receipt of Aid to Dependent Children grants on participation in job-search program. Schofield v. Public Welfare Div., 26 Or App 709, 554 P2d 552 (1976)

 

      411.081

(formerly 411.105)

 

NOTES OF DECISIONS

 

      This section could not be applied retroactively to impress lien on petitioner’s Supplemental Security Income benefits for assistance paid prior to this section’s effective date. Troyer v. Public Welfare Division, 30 Or App 569, 567 P2d 594 (1977)

 

      Where aunt accepted ADC benefits on behalf of niece and nephew and spent them entirely for children’s needs, neither this section nor ORS 411.630 supported imposition of duty on aunt to reimburse Adult and Family Services for overpayment. Brown v. Adult & Family Services, 45 Or App 263, 608 P2d 197 (1980)

 

      411.085

(formerly 411.111)

 

NOTES OF DECISIONS

 

      Section contemplates periodic review to determine whether all eligibility factors continue to be verified; verification of eligibility is ongoing process and not limited to initial grant of assistance or change of circumstances. Ormsby v. AFSD, 299 Or 84, 699 P2d 165 (1985)

 

 

      411.095

 

NOTES OF DECISIONS

 

      Where agency issued individual notices stating effect that rule terminating program would have on recipient benefits, notices were individual benefit decisions entitling each recipient to contested case hearing. Wheaton v. Kulongoski, 209 Or App 355, 147 P3d 1163 (2006)

 

      411.105

 

      See annotations under ORS 411.081.

 

      411.111

 

      See annotations under ORS 411.085.

 

      411.113

 

      See annotations under ORS 411.060.

 

      411.120

 

      See annotations under ORS 411.141.

 

      411.141

(formerly 411.120)

 

NOTES OF DECISIONS

 

      The Public Welfare Division is authorized to condition receipt of Aid to Dependent Children grants on participation in a job-search program. Schofield v. Public Welfare Div., 26 Or App 709, 554 P2d 552 (1976)

 

      411.300

 

ATTY. GEN. OPINIONS: Use of division’s client records by another departmental division, (1974) Vol 37, p 186

 

      411.320

 

NOTES OF DECISIONS

 

      In view of the confidential nature of the juvenile casework file, the trial court should have gone through the file and made available pertinent parts of it for defense (opposing) counsel to use in cross-examination. State ex rel Juvenile Dept. v. La Mar, 7 Or App 132, 490 P2d 191 (1971)

 

      Since this section makes public assistance records confidential to protect recipients from exploitation by third parties, recipients themselves are not within class of persons to whom disclosure is forbidden. Stivahtis v. Juras, 13 Or App 519, 511 P2d 421 (1973)

 

ATTY. GEN. OPINIONS: Use of division’s client records by another departmental division, (1974) Vol 37, p 186

 

      411.404

(formerly 414.042)

 

NOTES OF DECISIONS

 

      Rule arbitrarily limiting number of elective abortions woman in medical assistance program may receive was outside authority of Division because under this section only factors to be considered in determining need are requirements and needs of individual, income, responsibility of spouse, parent or guardian and individual circumstances. Planned Parenthood Assn. v. Dept. of Human Resources, 297 Or 562, 687 P2d 785 (1984)

 

LAW REVIEW CITATIONS: 21 WLR 408 (1985)

 

 

      411.620

 

NOTES OF DECISIONS

 

      Where welfare recipients received overpayments because of failure to report the receipt of income tax refunds, the state could recover such overpayments from both cash reserves and income earned, but not from current assistance grants. Bradford v. Juras, 331 F Supp 167 (1971)

 

      411.630

 

NOTES OF DECISIONS

 

      Under “change of circumstances” language of this section, mere receipt of income constitutes, as a matter of law, change of circumstances for purposes of defining offense of obtaining public assistance unlawfully and no separate allegation to that effect in indictment was necessary. State v. Willy, 36 Or App 853, 585 P2d 762 (1978)

 

      Where aunt accepted ADC benefits for niece and nephew and spent them entirely for children’s needs, neither this section nor [former] ORS 411.105 supported imposition of duty on aunt to reimburse Adult and Family Services for overpayment. Brown v. Adult & Family Services, 45 Or App 263, 608 P2d 197 (1980)

 

      411.710

 

NOTES OF DECISIONS

 

      Public Welfare Division may exclude certain employable, but involuntarily unemployed, persons from general assistance. Smith v. Peet, 29 Or App 625, 564 P2d 1083 (1977), Sup Ct review denied

 

      Where general assistance grant was reduced when recipient moved into house rented by acquaintance, this section did not require that amount of grant be determined by actual circumstances, since administrative rule was reasonable means of determining need. Allen v. Adult and Family Services Div., 37 Or App 777, 588 P2d 645 (1978)

 

      411.760

 

ATTY. GEN. OPINIONS: Effect of this section on Motor Vehicles Accident Fund recovery of overpayments, (1979) Vol 39, p 539

 

      411.803

 

NOTES OF DECISIONS

 

      Need for care may be based on either physical or mental disability. Ulrich v. Senior and Disabled Services Division, 164 Or App 50, 989 P2d 48 (1999)

 

      411.840

 

NOTES OF DECISIONS

 

      Language in indictment that defendant “did unlawfully and knowingly obtain food stamps in an amount she was not entitled to receive. . .”, generally comported with language of this section and was sufficient to advise defendant of charge. State v. Willy, 36 Or App 853, 585 P2d 762 (1978)

 

      411.990

 

ATTY. GEN. OPINIONS: Authority of the Welfare Division to allow persons to inspect the records of recipients, (1973) Vol 36, p 384