OAR 461-120-0350: Individuals Excused for Good Cause from Compliance with Requirements to Pursue Child Support, Health Care Coverage, and Medical Support

(1) In all programs except Medicare Savings Programs (see OAR 461-001-0000) and Oregon Supplemental Income Program Medical (OSIPM), an individual is excused from the requirements of OAR 461-120-0340(1) and 461-120-0345(1)(a) if: (a) The individual's compliance would result in emotional or physical harm to the dependent child (see OAR 461-001-0000) or to the caretaker relative (see OAR 461-001-0000). The statement of the caretaker relative alone is prima facie evidence that harm would result; (b) The child was conceived as a result of incest or rape and efforts to obtain support would be detrimental to the dependent child. The statement of the caretaker relative alone is prima facie evidence on the issues of conception and detrimental effect to the dependent child; (c) Legal proceedings are pending for adoption of the needy child; or (d) The parent is being helped by a public or licensed private social agency to resolve the issue of whether to release the child for adoption. (2) In the Medicare Savings Programs and OSIPM, an individual is excused from the requirements of OAR 461-120-0315 and 461-120-0345 if any of the following subsections are applicable: (a) The individual’s compliance would result in emotional or physical harm to the individual, the spouse, or any child on whose behalf cooperation is required. The statement of the individual or spouse serves as prima facie evidence that harm would result. (b) The child was conceived as a result of incest or rape and efforts to cooperate would be detrimental to the child, the individual, or the spouse. The statement of the individual serves as prima facie evidence on the issues of conception and the detrimental effects on the child, individual, or spouse. (c) Legal proceedings are pending for adoption of the child. (d) The parent is being helped by a public or licensed private social agency to resolve the issue of whether to release the child for adoption. (e) The individual is pregnant. (3) In the Refugee Assistance Medical (REFM) program, an individual is excused from the requirements to pursue child support, including health care coverage and medical support, from a noncustodial parent or to cooperate with the Oregon Child Support Program.