Or. Admin. R. 413-100-0210

Current through Register Vol. 63, No. 9, September 1, 2024

Section 413-100-0210 - U.S. Citizenship and Qualified Non-citizens

A Title IV-E eligible child or young adult must be:

(1) A United States citizen; or

(2) A qualified non-citizen is defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193. Under Section 431 of PRWORA, a qualified non-citizen's access to federal public benefits is restricted for five years beginning on the date of the qualified non-citizen's entry into the United States, unless subsection (b), (c), or (d) of this section applies. Under PRWORA, a qualified non-citizen is:

(a) Lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (the "Act");

(b) Granted asylum under Section 208 of the Act;

(c) A refugee admitted to the United States under section 207 of the Act;

(d) Paroled into the United States under section 212(d)(5) of the Act for a period of at least one year;

(e) An individual whose deportation is being withheld under Section 243(h) of the Act;

(f) An individual granted conditional entry under section 203(a)(7) of the Act as in effect prior to April 1, 1980;

(g) If the child is a qualified non-citizen who is placed with a qualified non-citizen or United States citizen, the date the child entered the United States is irrelevant, and the five-year restriction on federal public benefits does not apply; or

(h) If the child is a qualified non-citizen who entered the United States on or after August 22, 1996, and is placed with an unqualified qualified non-citizen, the child would be subject to the five-year residency requirement for federal public benefits at section 403(a) of PRWORA unless the child is in one of the excepted groups identified at section 403(b).

Or. Admin. R. 413-100-0210

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 20-2000(Temp), f. & cert. ef. 8-11-00 thru 2-6-01; SOSCF 4-2001, f. & cert. ef. 2-7-01; CWP 14-2007, f. & cert. ef. 8-1-07; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 13-2011, f. & cert. ef. 6-30-11; CWP 26-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018; CWP 103-2018, amend filed 09/06/2018, effective 9/6/2018

Statutory/Other Authority: ORS 409.010, ORS 409.050, ORS 412.144 & ORS 418.005

Statutes/Other Implemented: ORS 409.010, ORS 409.050, ORS 412.144 & ORS 418.005