411-305-0220 Eligibility, Enrollment, and Exit (1) NON-DISCRIMINATION. Children determined eligible according to section (2) of this rule may not be denied family support services or otherwise discriminated against on the basis of age, diagnostic or disability category, race, color, creed, national origin, citizenship, income, or duration of Oregon residence. (2) ELIGIBILITY. To be eligible for family support services, a child must: (a) Be under the age of 18; (b) Be determined eligible for developmental disabilities services by the CDDP and enrolled into case management services; (c) Reside in the family home; and (d) Not receive other ODDS-funded services, other than State Plan personal care services as described in OAR chapter 411, division 455, or adoption or guardianship assistance through Child Welfare. (3) CONCURRENT ELIGIBILITY. A child is not eligible for family support services from more than one CDDP unless the concurrent service: (a) Is necessary to transition from one county to another with a change of residence; (b) Is part of a collaborative plan developed by both CDDPs; and (c) Does not duplicate services and expenditures. (4) ENROLLMENT. A child, who meets the eligibility requirements in section (2) of this rule, is considered enrolled in family support services when the child: (a) Is enrolled in case management services; (b) Has an Annual Plan that reflects current support needs; and (c) Is not enrolled in other ODDS-funded services, other than State Plan personal care services as described in OAR chapter 411, division 455, or adoption or guardianship assistance through Child Welfare. (5) EXIT. (a) A child must exit family support services when any of the following occurs: (A) The child turns 18 years of age. (B) The child is no longer eligible for developmental disabilities services determined by the CDDP of the county of origin as described in OAR 411-320-0080. (C) The child no longer resides in the family home. (D) The child is enrolled in other ODDS-funded services. (E) The parent or legal representative either cannot be located or has not responded after 30 days of repeated attempts by CDDP staff to complete the Annual Plan development and monitoring activities, and does not respond to a notice of intent to terminate. (F) The CDDP has sufficient evidence that the parent or legal representative has engaged in fraud or misrepresentation, failed to use resources as agreed upon in the Annual Plan, refused to cooperate with documenting expenses of family support funds, or otherwise knowingly misused public funds associated with family support services. (b) When a child is being exited from family support services, a written Notification of Planned Action must be provided as described in OAR 411-318-0020. Statutory/Other Authority: ORS 409.050, 417.346, 427.104 & 430.662 Statutes/Other Implemented: ORS 417.340-417.344, 417.346-417.350, 427.005, 427.007, 427.104, 430.610, 430.620 & 430.662-430.670 History: APD 6-2020, minor correction filed 03/19/2020, effective 03/19/2020 Renumbered from 411-305-0030, APD 43-2016, f. 12-16-16, cert. ef. 1-1-17 SPD 4-2009, f. & cert. ef. 6-1-09 Renumbered from 309-041-2020, SPD 20-2003, f. 12-22-03, cert. ef. 12-28-03 MHD 5-2003, f. & cert. ef. 7-1-03