justicedao/ipfs_state_laws huggingface dataset:
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 unless the Child Care Billing form was sent to the provider showing no copayment. (3) If the caretaker has only one provider during a month, that provider is the primary provider. If the caretaker uses more than one provider, the caretaker must designate one as the primary provider. Notwithstanding any designation by the caretaker, the Department considers a provider having the copayment amount (not to exceed the caretaker's established copayment amount) deducted from its valid billing statement the primary provider for that period. (4) If the copayment exceeds the amount billed by the primary provider, the Department may treat a different provider as the primary provider or split the copayment among the providers who bill for care. (5) The copayment amount due from the caretaker to the provider is the lesser of: (a) The copayment amount determined by the Department based on family size and income. (b) The total amount allowed by the Department on a provider claim. (6) A provider must notify the Department of an overdue copayment within 60 days after the Department issues payment for the month at issue. A caretaker who fails to pay a copayment to or to make satisfactory arrangements with the primary provider will be ineligible for ERDC benefits upon recertification, except for families categorically eligible for ERDC. A copayment is considered paid under any of the following circumstances: (a) On the first day of the month in which the caretaker makes the copayment or makes satisfactory arrangements with the provider. (b) On the first day of the month after three years have lapsed from the date the caretaker failed to make the copayment. (c) On the first day of the month in which the caretaker provides verification that the copayment debt was discharged by a bankruptcy filing. (7) The Department will make the payment to a provider if a Child Care Billing form is mailed to the provider prior to the notification described in section (6) of this rule. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: DELC 1-2025, amend filed 02/27/2025, effective 03/01/2025 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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, when a caretaker is required by this division of rules to report a change in circumstances, the report may be made by telephone, office visit, report form, or other written notice. (4) A change is considered reported effective the date a caretaker or authorized representative reports the information to an Oregon Department of Human Services branch office or within the ONE Applicant Portal. (5) A change reported by a caretaker or authorized representative for one program supported by the ONE Eligibility System is considered reported for all programs in which that caretaker participates. (6) A change in employment status is considered to occur as follows: (a) For a new job, the change occurs the first day of the new job. (b) For a job separation, the change occurs on the last day of employment. (7) A change in source of income is considered to occur as follows: (a) For earned income, the change occurs upon the receipt by the caretaker of the first paycheck from a new job or the first paycheck reflecting a new rate of pay. (b) For unearned income, the change occurs the day the caretaker receives the new or changed payment. (8) A caretaker must report, orally or in writing, to the Oregon Department of Human Services the following changes within 10 days of occurrence: (a) A change in employment status. (b) A change in mailing address or residence. (c) A change in membership of the filing group. (d) A member of the filing group is discharged from the U.S. military and returning from active duty in a military war zone. (e) A change in income above the 250 percent federal poverty level (FPL) or 85 percent state median income (SMI), whichever is higher, as described in OAR 414-175-0050, that is expected to continue. (9) A caretaker must report to the Direct Pay Unit of the Department, orally, or in writing, a change in child care provider. (10) A caretaker is not required to report any of the following changes: (a) Periodic cost-of-living adjustments to the federal Black Lung Program, SSB (Social Security Benefits), SSDI, SSI, and veterans assistance under Title 38 of the United States Code. (b) Periodic cost-of-living adjustments to ERDC, GA, OSIP, REF, SFPSS, and TANF standards. (c) Other changes in eligibility criteria based on legislative or regulatory actions. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025 DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 ONE Applicant Portal a reapplication form before a new certification period may be established under OAR 414-175-0011. (2) A reapplication form is considered complete when it is received by a ODHS branch office or submitted within the ONE Applicant Portal by the 10th day of the last month of the certification, authorized work search, medical leave, or military transition period, whichever is later, and: (a) The applicant answers, completely and accurately, all questions necessary to determine a copay amount for the following certification period; (b) The applicant provides all required verification in accordance with OAR 414-175-0024; and (c) The form contains the signature of the primary person or the authorized representative. (3) When a ODHS branch office receives a completed reapplication form by the deadline in section (2) of this rule, the form is used to: (a) Determine eligibility for ERDC benefits; (b) Establish the ERDC benefit copay amount for the next certification period; and (c) Establish the next certification period as beginning on the first day of the month following the last month of the previous certification, authorized work search, medical leave, or military transition period, whichever is later. (4) When a ODHS branch office does not receive a completed reapplication form on or before the deadline in section (2) of this rule, the case is closed effective the last day of the last month of the certification, authorized work search, medical leave, or military transition period, whichever is later. (5) If the reapplication form is received after the deadline in section (2) of this rule, it is treated as a new application in accordance with OAR 414-175-0005. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
414-175-0077 COVID-19 Provider Payments The Oregon Department of Human Services (ODHS) shall pay for one-time supplemental payments as follows: (1) A provider may only receive one of the payments listed in this subsection. (a) In the amount of $2,312.00 to child care providers who, at the time ODHS completed the data pull on November 13, 2020, met the following criteria: (A) Eligible for payment under OAR 414-175-0080, (B) Designation of a license-exempt standard family or enhanced family provider as identified by a Standard Family Rate provider type or an Enhanced Family Rate provider type, and (C) Received a payment from the ODHS for child care provided during April, May, June, July, August, September, October, or November 2020. (b) In the amount of $2,842.00 to child care providers who, at the time the ODHS completed the data pull on November 13, 2020, met the following criteria: (A) Met all criteria in paragraph (A)(i) through (iii) of this subsection, and (B) Have not received an Emergency Child Care grant from the Oregon Department of Education, Early Learning Division or ODHS for either phase one or phase two. (2) In the amount of $735.00 to child care providers who, at the time the ODHS completed the data pull on June 30, 2021, met the following criteria: (a) Eligible for payment under OAR 414-175-0080, (b) Designation of a license-exempt standard family or enhanced family provider as identified by a Standard Family Rate provider type or an Enhanced Family Rate provider type, and (c) Received a payment from ODHS on or after November 13th, 2020, for child care provided during any month from April 2020 through June 2021. (3) In the amount of $1508; funded by Coronavirus Aid, Relief, and Economic Security Act (2020) funds allotted to ODHS in the amount of $1,740,000; to providers who, at the time ODHS completed the data pull on August 1, 2022, met the following criteria: (a) Eligible for payment under OAR 414-175-0080, (b) Designation of a license-exempt standard family or enhanced family provider as identified by a Standard Family Rate provider type or an Enhanced Family Rate provider types, and (c) Did not receive a stabilization grant payment from the Department of Education, Early Learning Division or ODHS. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 of a subject individual. For the purposes of this rule, the provider and any individual identified under OAR 414-175-0080(4) is considered a subject individual under OAR 125-007-0210 and 407-007-0210(8)(a)(J). (2) The Department may find a child care provider ineligible for payment when the Child Protective Service (CPS) history of a subject individual, based on prior conduct, indicates that a subject individual is likely to engage in conduct that would jeopardize the safety of or have a detrimental effect on a child while in the care of the provider. (3) To make its determination, the Department may use any available information including the CPS records of the Department, an investigation of a complaint, or information provided by another agency. A single incident may be sufficient history for denial of eligibility. (4) If the Department obtains information of a potentially disqualifying nature with respect to a subject individual, as described in OAR 414-175-0080(4), the Department may request additional information to determine the provider’s ability to provide care and must conduct a weighing test under OAR 125-007-0260, 407-007-0300, and 407-007-0320. Any additional information obtained must be reviewed by the Criminal Records Unit (CRU) for determination of eligibility. (5) Failure to respond to a request for information results in a finding of “failed.” The provider or subject individual must disclose fully all requested information as part of the records check. (6) The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying history of behavior if the Department determines, based on a fitness determination made under OAR 125-007-0260 and 407-007-0320, that repeated behavior is unlikely and that the presence of the individual likely would not jeopardize the safety of a child in the provider’s care based on: (a) The content and source of the reports, the time elapsed since the reports, and the number of reports and referrals; (b) The individual’s participation in rehabilitation, training, or counseling; (c) The likelihood of the individual’s abuse of drugs or alcohol; and (d) Any other relevant eligibility requirements or supplemental information under OAR 407-007-0300 or 414-175-0080. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 individual. For the purposes of this rule, the provider and any individual identified under OAR 414-175-0080(4) is considered a subject individual under OAR 125-007-0210 and 407-007-0210(8)(a)(J). (2) The Department may find a child care provider ineligible for payment when the criminal history of a subject individual indicates behavior that may jeopardize the safety of a child or have a detrimental effect on a child while in the care of the provider, in the following circumstances, the subject individual has: (a) Been charged with or arrested for a drug-related, sexual, or violent crime listed in OAR 407-007-0270(1). There is a rebuttable presumption that such a subject individual is likely to engage in conduct that would pose a significant risk to a client, the Department, or a vulnerable individual. (b) Been convicted of two or more crimes listed in OAR 125-0070270 at any time. (c) Been found in violation of probation for a crime listed in OAR 125-007-0270, at any time that relates to the person’s qualification or duties as a child care provider. (d) Been charged with two or more crimes listed in OAR 125-007-0270 within the past five years. (e) Three or more arrests, at any time, for crimes listed in OAR 125-007-0270. (3) The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying criminal or abuse history, defined by OAR 125-007-0270 and 407-007-0290, only if the Department has determined, based on a weighing test as described in OAR 125-007-0260, 407-007-0300, and 407-007-0320 and consideration of the information listed in OAR 407-007-0280, 407-007-0290, and this rule, that repeated criminal behavior is unlikely and that the provider does not present a danger to a child in the provider’s care. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 the benefits cannot be established. The benefit group has an opportunity to prove eligibility for any months in question. (c) The correct benefits for the months in question are calculated. (d) The amount the benefit group actually received is subtracted from the amount they should have received. (e) The group with the largest number of people who were in the benefit group at the time the loss occurred is entitled to the restored benefit. If the location of that group is unknown, the benefit is restored to the benefit group containing the primary person at the time the loss occurred. (2) An individual is entitled to a supplemental payment of benefits for the current month or restoration of benefits lost in a previous month if the individual received a lower benefit than the individual was entitled to for the reasons given in this rule. An individual may receive a restoration of lost benefits even if no longer eligible. (3) An individual may receive a supplemental benefit if there was a change in the individual’s circumstances that would cause an increase in benefits, if the report of change was made before the first day of the benefit month but too late for the Department to adjust the next month's benefits. (4) An individual may receive a supplemental or restorative benefit if the Department caused an administrative underpayment. An administrative underpayment includes, but is not limited to, an underpayment caused by any of the following: (a) Failure to take action on information reported to the Department. (b) Use of an incorrect effective date. (c) Denial, closure or reduction of benefits in error. (d) Failure to send the individual a required decision notice when benefits are closed or reduced. (e) Making a calculation error. (5) An individual is entitled to a restoration of lost benefits if: (a) The restoration results from a final order in a contested case. (b) The restoration results from a court order. (6) An individual who moves from Oregon remains eligible for a restoration of benefits. (7) Restoration of benefits is limited to the extent provided for in OAR 414-175-0070. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 postal service working days must pass from the date the original check was issued before a replacement is issued. (b) The original check was received but lost, stolen or destroyed without being endorsed. A replacement check is issued without a waiting period. (c) The original check was endorsed but not cashed before it was lost, stolen or destroyed. A replacement check is issued if: (A) The check was destroyed and remnants of the check are provided to the Department; or (B) The check was endorsed “for deposit only” before it was lost, stolen or destroyed. (3) A check may be issued to replace a check that has been processed by the State Treasurer for payment only after the individual has provided the Direct Pay Unit of the Department or the Oregon Department of Human Services with the information and documents needed to conduct an investigation into the loss. (4) A replacement check is not issued if a check has been deposited directly to an account specified. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 check deposit is made to the recipient’s bank account. (2) Benefits or payment, once issued, are unrestricted and do not require accountability for individual expenditures or amounts, unless limited elsewhere in rule. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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.” Hearings to contest a fitness determination that results in a denial are governed by OAR 407-007-0330. Other hearings under this section are governed by OAR 414-175-0095. (2) In the case of an alleged overpayment, the child care provider may delay repayment on an overpayment until a final order is served by completing a request for hearing not later than the 45th day following the date of the overpayment notice. (3) A child care provider whose application for listing is denied and who fails to request a hearing within the 45-day hearing request period is not eligible to reapply for listing until 180 days following the date of the denial notice. (4) If a child care provider requests a hearing to contest a fitness determination resulting in a denial of eligibility for payment, the child care provider remains ineligible for payment pending the hearing unless the decision to deny eligibility was based on a mistake in identifying the person with the CH or CPS record. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 will be established and recovered in accordance with division 195 of chapter 461 of the Oregon Administrative Rules by the Oregon Department of Human Services. (3) Any individual or any child care provider that may be subject to the overpayment rules must cooperate fully with the Oregon Department of Human Services. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023