Oregon Administrative Code

414-075-0400 Inactive Status, Administrative Closure and Abandoned License (1) As used in this section: (a) “Administrative closure” means a period of more than six months or an indefinite period during which no children are attending the program. (b) “Completed visit” means a vi…

414-150-0050 Purpose (1) The purpose of these rules is to set forth standards to be followed when entering into contracts with programs to provide child care services to Special Population clients. (2) These rules implement elements of federal Child Care and Development (CCDF) St…

414-150-0055 Definitions (1) “Administrator” means the Administrator of the Child Care and Development Fund for the Department. (2) “Alcohol and Drug Treatment Program” means a program that provides services to the eligible child whose parent(s) is in a program for the treatment …

414-150-0060 Program Administration and Funding Allocations (1) The Department of Early Learning and Care is the designated state agency responsible for administration of the Child Care and Development Fund. (2) The CCDF Administrator is responsible for coordination of CCDF-funde…

414-150-0070 Overview of and Eligibility for Special Populations Child Care Services (1) The Special Populations Child Care Services Program is established for specific low-income populations having demonstrable need for child care services. (2) Special Populations eligible for s…

414-150-0110 Application for Services (1) Families that qualify under Special Populations criteria and eligibility standards of this rule shall make application for child care services directly through a contracting program. Application must be made on a Department approved form …

414-150-0120 Service Standards (1) Prior to accepting a child for care under these rules, the program shall sign a contract with the Department. The contract shall include, but is not limited to, the following provisions: (a) Term of the contract; (b) Description of services; (c)…

414-150-0130 Payment for Services (1) The maximum rates the Department pays for the Special Populations Child Care Program are determined by the most recent Department market price survey and shall be stated in the contract. (2) Payment for child care services shall be made by th…

414-150-0140 Limits on Disclosure (1) No employee or volunteer of the Department, or other agency, may disclose information about clients except as provided by Oregon Revised Statutes 192.410 to 192.505, or at the direction of a court of competent jurisdiction, or upon advice of …

414-150-0150 Exception (1) Specific exception to any section of these rules may be granted for good and just cause by the Department. (2) The exception must be requested in writing to the Department and show how the intent of the rule(s) will be met. All exceptions will remain on…

414-150-0160 Parent Complaints (1) All Contractors for the Special Populations child care services program shall establish a process through which families may present a grievance or complaint regarding child care services. (2) Records of all complaints shall be maintained and th…

414-150-0170 Mandatory Reporter As required by Oregon Revised Statues (ORS) 419B.005 through 419B.050, contractor must immediately inform either the local office of the Department of Human Services or a law enforcement agency when they have reasonable cause to believe any child w…

414-175-0001 Purpose (1) Under ORS 329A.500, the Department of Early Learning and Care has authority for the ERDC program. (2) The purpose of division 175 rules is to establish eligibility criteria for the Employment Related Day Care (ERDC) program, which makes child care assista…

414-175-0002 Definitions The following definitions apply to division 175, unless the context indicates otherwise: (1) "Adjusted income" means the amount determined by subtracting income deductions from countable income. (2) "Assets" mean income and resources. (3) “Authorized repr…

414-175-0005 Application for ERDC Benefits (1) A caretaker or the authorized representative of the filing group must submit an application for ERDC benefits on a form approved by the Department. As used in this rule, the “applicant” is the caretaker or the authorized representati…

414-175-0006 Authorized Representatives (1) Unless otherwise limited by these rules, an authorized representative may do any of the following: (a) With the exception of the authorized representative designation form and subject to the exception in subsection (c) of this section (…

414-175-0007 When New Applications Are Not Required A new application is not required when: (1) A single application can be used both to determine an individual is ineligible on the Date of Request and to determine the individual is eligible when anticipated changes make the Fili…

414-175-0010 Waitlist for ERDC (1) Eligibility is subject to the availability of funds. The Department may implement a Child Care Waitlist whenever the Department determines that sufficient funding is not available to sustain benefits for all of the applicants requesting ERDC ben…

414-175-0011 Certification Period (1) The length of the certification period may not be less than 12 months. In the following situations the certification period may be extended beyond the certification end date: (a) Caretakers in authorized work search and medical leave are limi…

414-175-0015 Eligibility Group Structure (1) The Household Group is used to determine whose information is relevant to the application. The household group generally consists of the individuals who live together with or without the benefit of a dwelling. (a) For individuals who a…

414-175-0020 General Eligibility Requirements (1) To be eligible for benefits, an individual must be a resident of Oregon. (a) There is no minimum amount of time an individual must live in Oregon to be a resident. (b) The individual must intend to remain in Oregon. (c) An individ…

414-175-0021 Citizenship and Noncitizen Status (1) Until May 1, 2024, a child in a filing group must meet one of the following citizenship and noncitizen status requirements: (a) Be a citizen of the United States; (b) Be a citizen of Puerto Rico, Guam, the Virgin Islands or Saipa…

414-175-0022 Age Requirements (1) If the year of an individual's birth is known but the month is unknown, the month of birth is presumed to be July. If the date of birth is unknown, the date of birth is presumed to be the first of the month. (2) To be determined eligible for ERDC…

414-175-0023 Requirement to Establish a Child Care Need and Hours Authorizations (1) The following is required to establish a child care need: (a) Except for as described in (2) below, every caretaker in the filing group must meet one of the following requirements: (A) Receive in…

414-175-0024 Verification Requirements (1) Methods of verifying information include the following: (a) Electronic: Information available and provided to the Department by worker-initiated verification through system access. Electronic verification is the preferred method when inf…

414-175-0025 Categorical Eligibility for ERDC (1) Subject to section (3) of this rule, a child or caretaker and their associated need group are categorically eligible for ERDC benefits if: (a) A child care need is established through an application in accordance with OAR 414-175-…

414-175-0030 General Financial Eligibility (1) General Financial Eligibility Provisions (a) An available asset, either income or a resource, is categorized as either excluded or countable. (b) Excluded assets are identified in the rules in this chapter and are not considered when…

414-175-0035 Specific Financial Requirements The following assets are countable or excluded for the purposes of evaluating whether the Financial Group meets the income and resource limits in OAR 414-175-0050: (1) Achieving a Better Life Experience (ABLE) Act (a) In all programs, …

414-175-0040 Prospective Eligibility and Budgeting (1) For prospective eligibility and budgeting: (a) The budget month and payment month are the same. (b) The individual’s anticipated income, household composition, and other relevant factors are used to determine the individual’s…

414-175-0041 Calculating Costs (1) Costs incurred by the Filing Group that the filing group has a legal responsibility to pay are deductible from income in accordance with the rules in this division of rules. (2) The following costs are not deductible: (a) A cost paid by someone …

414-175-0050 Income Limits and Copay Amounts The Department determines financial eligibility for ERDC and the copay benefit level as follows: (1) ERDC financial eligibility. (a) A need group is not eligible for benefits if the financial group has countable resources above $1,000,…

414-175-0051 Requirement to Make Copay or Satisfactory Arrangements (1) The Need Group must use a child care provider who meets the requirements in OAR 414-175-0080 and 414-175-0085. (2) The caretaker is responsible for paying the copayment to the primary provider of child care u…

414-175-0052 Concurrent and Duplicate Program Benefits An individual receiving ERDC benefits may not receive benefits for the same period as a member of two or more different Need Groups unless that individual is a child residing in two different households. Statutory/Other Autho…

414-175-0055 Decision Notices (1) A decision notice: (a) Specifies the date the notice is mailed, which is the effective date for a basic decision notice. (b) Except as provided in section (2) of this rule, specifies the action the Department intends to take and the effective dat…

414-175-0060 Reporting Changes (1) A caretaker is required to report a change in circumstances in accordance with the reporting system in which the caretaker participates. (2) The Department determines the appropriate reporting system. (3) In addition to any required report form,…

414-175-0065 Reapplication for ERDC (1) At the end of the certification, authorized work search, medical leave, or military transition period, whichever is later, an applicant must complete and return to an Oregon Department of Human Services (ODHS) branch office or within the ON…

414-175-0070 Effective Dates (1) The effective date for starting benefits is one of the following: (a) The first day of the month in which the request for benefits is made if: (A) All eligibility requirements are met in that month; and (B) Verification, in accordance with OAR 414…

414-175-0075 Child Care Provider Eligibility Standards, Payments Rates, Payment Limits, and Payable Hours (1) The following definitions apply to the rules governing child care rates: (a) Infant: For all providers other than licensed (registered or certified) care, a child aged ne…

414-175-0076 High Needs Child Care Payments (1) The supplemental high needs payment is allowable if the child is eligible for the special needs rate outlined in OAR 414-175-0075(1)(e) and the requirements of the following subsections are met: (a) The child requires significantly …

414-175-0080 Eligibility of Child Care Providers (1) The Department must approve a child care provider if information available to the Department provides no basis for denying eligibility unless it is determined that the provider or other subject individual (see OAR 125-007-0210,…

414-175-0081 Disqualifying Child Protective Service History for Providers (1) This rule explains the grounds upon which the Department denies the request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records…

414-175-0082 Disqualifying Criminal History of Provider (1)This rule explains the grounds upon which the Department denies a request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records of a subject individ…

414-175-0085 Direct Provider Payments (1) The Department makes payments on behalf of eligible individuals to the providers they select to care for their children. The payments are made directly to the provider unless the provider designates the payments to go directly to the owne…

414-175-0090 Restored and Supplemental Benefits (1) Supplemental and restorative benefits are calculated and paid as follows: (a) The effective date of the lost benefits is determined. (b) The benefit group is not eligible for restored benefits in any month that eligibility for t…

414-175-0091 Replacement Checks (1) Replacement checks are issued in compliance with ORS 293.475 and this rule. (2) A replacement check is issued if the original check remains outstanding and the payee claims any of the following: (a) The original check was not received. Five pos…

414-175-0092 Legal Status of Benefits Payments (1) The Department considers a benefit or payment issued if the check has been handed to the recipient, or mailed to the recipient. The Department considers a benefit or payment issued, and received by the individual, when a direct c…

414-175-0095 Hearings (1) Definitions. For the purposes of this rule, the following definitions apply unless the context clearly indicates otherwise: (a) “Claimant" means a person who has requested a hearing or who is scheduled for an Intentional Program Violation (IPV) hearing. …

414-175-0096 Provider Hearings (1) A child care provider has a right to a contested case hearing only to contest a fitness determination that results in a denial of eligibility for payment, dispute an allegation of an overpayment of child care, or dispute a finding of “suspended.…

414-175-0097 Rights and Responsibilities (1) Individuals regulated by Division 175 of Chapter 414 have the following rights and the right to be informed of them: (a) The right to information about the ERDC program administered by the Department. (b) The right to confidentiality f…

414-175-0098 Overpayments (1) Overpayments are a benefit or service received by or on behalf of the individual, or a payment made by the Department on behalf of an individual that exceeds the amount for which the individual is eligible. (2) All overpayments for the ERDC program w…