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U.S. Dep't of Health and Human Servs. and Or. Dep't Human Servs.
No. 2004 OCR-DHS (U.S. DHHS Aug. 6, 2004) ; Clearinghouse Number: 55776
Description
Oregon Department of Human Services Agrees to Assess Applicants and Recipients for Disabilities that May Prevent Them from Participating in TANF Program
Abstract
The Oregon Department of Human Services entered into a voluntary
compliance agreement with the U.S. Department of Health and Human
Services (HHS) on how Oregon department would identify and respond
to the needs of individuals with disabilities in the state’s
Temporary Assistance for Needy Families (TANF) program. In its
complaint filed with HHS’ Office for Civil Rights, Legal Aid
Services of Oregon alleged that Oregon department discriminated
against eight individuals by failing to provide appropriate
assessments and modifications of work programs, sanctions, and time
limits to accommodate their disabilities. The agreement requires
Oregon department to offer an initial screening to all TANF
applicants or recipients to determine whether a formal assessment
to identify a specific disability affecting the applicant’s
or recipient’s participation in the TANF program is
necessary. Clients referred for formal assessment are not to be
sanctioned for nonparticipation when they are undergoing the
assessment process and an aspect of their disability is found to
have caused their nonparticipation. Oregon department is to ensure
that recipients’ case plans include information about
activities and accommodations that have been made as well as
accommodations requested or recommended but not made. Specific
procedures are to be developed to ensure that case managers have
the necessary tools to accommodate clients with disabilities.
Specific policies and procedures are to be developed to ensure that
disability-related problems are considered before sanctions are
imposed on clients. Oregon department is to designate a TANF/Job
Opportunities and Basic Skills (JOBS) program, Americans with
Disabilities Act, and Section 504 coordinator to ensure that all
TANF/JOBS program staff are informed of the changes in policies and
procedures arising out of the voluntary compliance agreement.
