justicedao/ipfs_state_laws huggingface dataset:
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 of alcohol or drug/substance abuse. (3) “CCDF” means federal Child Care and Development Fund which is the federal funding awarded to the Department under the Child Care and Development Block Grant. (4) “CCDF Grant Plan” means the Oregon Plan approved by the Department for child care and related programs funded by the Child Care Development Block Grant. (5) “CCR&R” means Child Care Resource and Referral Agency. (6) “Department” means the Department of Early Learning and Care (DELC) which is the lead agency for the Child Care and Development Fund and administers funding and contracts under the federal Child Care and Development Fund. (7) “Early Learning Hub” means the local coordinating body for early learning services contracted by the Department. (8) “Employment Related Day Care” means the program administered by the Department that provides child care services to low-income working families. (9) “Child Care Licensing Division” means a division of the Department that regulates child care facilities and provides contract administration services to low-income working families. (10) “Parent” means parent, custodian or guardian who exercises care and custody of a child. (11) “Program” means community or school-based teen parent education program, or licensed women-specific alcohol and drug treatment program. (12) “Provider” means a person or program responsible for direct child care, supervision of children, and guidance of children in approved child care setting. (13) “Special Needs Child” means a child under the age of 18 who requires a level of care over and above the norm for his/her age due to a physical, developmental, behavioral, mental or medical disability. (14) “Special Populations” means families considered: (a) To be at high risk of instability; (b) Have high needs for child care services; (c) Have very low incomes; and (d) Are not eligible for child care subsidy from the Department under either the Employment Related Day Care or TANF JOBS programs. (15) “TANF JOBS program recipient” means a family receiving services through the Temporary Assistance to Needy Families program administered by the Department of Human Services and is receiving child care services under the Jobs Opportunity and Basic Skills (JOBS) program. (16) “Teen Parent” means a parenting or pregnant adolescent age 21 and under who is attending high school or participating in an approved high school completion program. Statutory/Other Authority: ORS 329A.500 & ORS 329.010 Statutes/Other Implemented: ORS 329A.500, ORS 329.010 & ORS 329A.025 History: DELC 61-2023, minor correction filed 11/21/2023, effective 11/21/2023 ELD 1-2016, f. & cert. ef 1-25-16 CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0055 HR 26-1992, f. & cert. ef. 8-27-92 HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92
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-funded programs in Oregon and for the administration of child care services for Special Populations described by these rules. (3) Federal funds for the Special Populations child care services program are contracted by the CCDF Administrator to state-licensed or state-approved alcohol and drug treatment programs, to school districts for school-based programs, and to local non-profits or counties for community-based programs. (4) After annual federal appropriations for the Child Care and Development Fund are awarded to the state, the CCDF dministrator allocates funds to contractors in paragraph (3) of this rule and forwards this information to the local Early Learning Hubs. (5) The Department shall have final responsibility for developing a contract with recommended programs as outlined in OAR 414-150-0120. Statutory/Other Authority: ORS 329A.010 Statutes/Other Implemented: ORS 329A.010 & ORS 329A.500 History: DELC 62-2023, minor correction filed 11/21/2023, effective 11/21/2023 ELD 1-2016, f. & cert. ef 1-25-16 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0060 HR 26-1992, f. & cert. ef. 8-27-92 HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92
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 and signed by both applying parent and program staff. In completing application, the parent shall be required to declare, and provide verification as required, information on: (a) Parents and dependent members of the household; (b) U.S. citizenship or legal immigration status of children who are to receive subsidized child care; (c) Place of residence; (d) Employment status of parents; (e) Participation in job training, substance abuse treatment, or enrollment in school programs; and (f) Parent income. (2) The CCDF Administrator shall send notification regarding contracted programs to CCR&R agencies located throughout the state. Parents seeking assistance may contact local resource and referral agencies for information on programs having a child care services contract. (3) Child care availability for Special Populations is limited in all regions of the state, and shall, therefore, be assigned to parents on a first-come, first-served basis. The parent signature date on the application form will be used as the basis for determining priority of access to services. (4) Eligibility for continuing child care services shall be subject to redetermination by the program: (a) At the end of every 12-month service period; or (b) Whenever a change of circumstances occurs that may affect a parent’s eligibility status. Parents are responsible for notifying the program of changes; or (c) At the beginning of each school year for Teen Parent participants. Statutory/Other Authority: ORS 329A.500 & ORS 329A.010 Statutes/Other Implemented: ORS 329A.010 History: DELC 64-2023, minor correction filed 11/21/2023, effective 11/21/2023 ELD 1-2016, f. & cert. ef 1-25-16 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0110 HR 26-1992, f. & cert. ef. 8-27-92 HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92
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) Facility and service standards; (d) Program responsibilities; (e) Payment for services; and (f) Compliance with appropriate state and federal regulations. (2) A program or a provider certified by the Department for operation of a child care center shall be in compliance with the standards defined in OAR 414-300-0000 through 414-300-0410. (3) A program or provider certified by the Child Care Licensing Division (CCLD) for operation of a certified family child care home shall be in compliance with the standards defined in OAR 414-350-0000 through 414-350-0400. (4) A family child care provider registered with the CCLD shall be in compliance with the standards defined in OAR 414-205-0000 through 414-205-0170. (5) If a program or a provider is operating a child care facility that is specifically excluded by Oregon law from state certification or registration requirements under ORS 329A.250 to 329A.290, the standards for service shall be defined by the CCLD in contract. The CCLD may require information regarding the status of certification or registration. The Department requires a criminal record check and enrollment of all providers and caregivers in the CCLD, Central Background Registry. Statutory/Other Authority: ORS 329A.010 Statutes/Other Implemented: ORS 329A.010 History: DELC 65-2023, minor correction filed 11/21/2023, effective 11/21/2023 ELD 1-2016, f. & cert. ef 1-25-16 CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0120 HR 26-1992, f. & cert. ef. 8-27-92 HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92
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 the Department directly to the program of behalf of the client after services for the month have been rendered. (3) To receive payment, the program shall submit an invoice to the Department on a form approved by the Department. (4) The program shall be responsible for collection of any copayments from the parent. Copayment will be determined from the Employment Related Day Care Copayment Standard established in OAR 414-175-0050. Statutory/Other Authority: ORS 329A.500 & ORS 329A.010 Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010 History: DELC 66-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 1-2016, f. & cert. ef 1-25-16 CCD 1-1994, f. & cert. ef. 1-12-94, Renumbered from 410-100-0130 HR 26-1992, f. & cert. ef. 8-27-92 HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92
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 the Attorney General. (2) The Department may disclose information in order to administer its programs and provide services when it is in the best interest of the applicant’s family, unless specifically forbidden by statutes, these rules or by court order. Reasons for disclosure include, but are not limited to, providing information to a social service agency, or service provider for the purpose of arranging appropriate child care services for the applicant’s family. Statutory/Other Authority: ORS 329A.500 & ORS 329A.010 Statutes/Other Implemented: ORS 329A.010 History: DELC 67-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 1-2016, f. & cert. ef 1-25-16
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 file. (3) No exception will be granted which may jeopardize the health, safety, and well-being of any child in care. (4) The granting of an exception shall not constitute a precedent for any other care provider or client family. Statutory/Other Authority: ORS 329A.010 Statutes/Other Implemented: ORS 329A.500 & ORS 329A.010 History: DELC 68-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 1-2016, f. & cert. ef 1-25-16
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 the Department must be notified in writing of all grievance and complaints within ten (10) working days of receipt. Statutory/Other Authority: ORS 329A.500 & ORS 329A.010 Statutes/Other Implemented: ORS 329A.010 History: DELC 69-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 1-2016, f. & cert. ef 1-25-16
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 with whom the contractor comes in contact has suffered abuse, or any person with whom the contractor comes in contact has abused a child. Oregon Law recognizes child abuse to be physical injury; neglect or maltreatment; sexual abuse and sexual exploitation; threat of harm; mental injury; and child selling. Report must be made immediately upon awareness of the incident. Statutory/Other Authority: ORS 329A Statutes/Other Implemented: ORS 329A.010 History: ELD 1-2016, f. & cert. ef 1-25-16
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 assistance available to eligible families. The rules also prescribe provider requirements and set forth the conditions to receive payment for providing child care to eligible families. (3) Pursuant to ORS 327.274, the Department of Early Learning and Care may delegate by interagency agreement duties, functions or powers of the ERDC program to the Director of the Oregon Department of Human Services. These rules apply to the administration of the Department of Early Learning and Care, including as delegated to the Oregon Department of Human Services. Statutory/Other Authority: ORS 329A.500 & ORS 327.274 Statutes/Other Implemented: ORS 329A.500 History: DELC 44-2023, minor correction filed 10/31/2023, effective 10/31/2023 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 Filing group eligible within forty-five (45) days from the Date of Request; (2) A case is closed and reopened during the same calendar month; (3) A case closed during the certification period and the individual reports a change in circumstances prior to the end of the month following the closure, and the reported change will make the individual eligible; or (4) To add any individual, including a newborn child, to the Benefit Group. 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
414-175-0011 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 limited to no more than three additional months. (b) Caretakers on military transition are limited to no more than six additional months. (c) Caretakers who have entered into a contracted slot with Head Start, Early Head Start or the Early Head Start Child Care Partnership program are limited to no more than eleven additional months. (d) Caretakers who are Categorically Eligible through a determination of TANF eligibility may have their ERDC benefits extended through the end of the TANF benefit period. (2) ERDC benefits may be terminated mid-certification only if one of the following occur: (a) There is no longer an eligible child or no longer an eligible caretaker in the need group pursuant to OAR 414-175-0020; (b) The filing group no longer meets the income limits in OAR 414-175-0050, except for filing groups categorically eligible under Expanded Child Welfare (EXP CW); (c) Benefits were determined in error; or (d) A Caretaker or Authorized Representative in the Need Group requests to terminate their ERDC benefits; or (e) No members of the filing group reside in Oregon. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: DELC 2-2026, amend filed 02/26/2026, effective 03/01/2026 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 individual is not a resident if the individual is in Oregon solely for vacation. (d) An individual continues to be a resident of Oregon during a temporary period of absence if the individual intends to return when the purpose of the absence is completed. (2) An individual is not required to provide or apply for a social security number (SSN) to be included in the Filing group. (3) The filing group must include a child who needs child care. (4) A child must live with a caretaker. (5) A filing group is not eligible for child care when the caretaker or parent in the filing group receives a grant for child care from the Office of Student Access and Completion for any month the grant is intended to cover, regardless of when the grant is received. (6) Until May 1, 2024, children in the Need Group must meet the immigration or legal status requirements in OAR 414-175-0021 and the age requirements in OAR 414-175-0022. (7) The filing group must certify that they do not exceed the resource limit. (8) The filing group must meet the income limits in OAR 414-175-0050, except filing groups categorically eligible under Expanded Child Welfare (EXP CW). (9) A filing group not willing to show verification of immunizations, proof that the immunization series has started, or a copy of the medical or non-medical exemption form for the child is not eligible for ERDC benefits. 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
414-175-0022 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 benefits at the time of application or recertification, a child must be: (a) Under 13 years of age; or (b) Under 18 years of age, and: (A) Physically or mentally incapable of self-care; (B) Under court supervision; (C) Receiving foster care; (D) Eligible for the high need rate for child care in OAR 414-175-0076; or (E) Subject to circumstances that significantly compromise the child's safety or the caretaker's ability to work or participate in an assigned activity if child care is not available. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: DELC 54-2024, minor correction filed 04/15/2024, effective 04/15/2024 ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
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 414-175-0005, and (b) The following factor is true for a child or a caretaker in a need group: (A) The individual is determined eligible for Temporary Assistance for Needy Families (TANF) benefits; or (B) The individual is determined eligible for Expanded Child Welfare (EXP CW) based on the use of Child Welfare protective services in Oregon in one or more of the following situations: (i) Currently receiving Child Abuse Prevention services; (ii) Currently receiving or has received Family Reunification services in the last 12 months; (iii) Currently receiving Foster Care services; (iv) Currently receiving Subsidized Guardianship services; or (v) Currently participating in Family Support Services program. (2) Subject to section (3) of this rule, any family receiving TANF JOBS child care support services for care provided in June of 2023, pursuant to OAR 461-160-0193, shall be determined categorically eligible for ERDC benefits on July 1, 2023; a family does not need to comply with OAR 414-175-0005. (3) Categorical eligibility for ERDC requires ongoing compliance with the following federal Child Care Development Fund requirements: (a) Until May 1, 2024, children in the Need Group must meet the immigration or legal status requirements in OAR 414-175-0021 and the age requirements in OAR 414-175-0022; (b) The filing group must certify that they do not exceed the resource limit; (c) The filing group must meet the income limits in OAR 414-175-0050, except for filing groups categorically eligible under Expanded Child Welfare (EXP CW); and (d) A Need group not willing to show verification that immunization requirements in accordance with OAR 414-175-0024 have been met for the child is not eligible for ERDC benefits. 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
414-175-0041 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 outside the filing group through a reimbursement, vendor payment, or in‑kind benefit. (b) A cost that is paid by a person or company outside the filing group or that is written off by a medical facility. These are referred to as third‑party payments. (c) The cost for a service provided by someone in the filing group, such as child care provided by one caretaker while another caretaker works. (d) A cost used as an income deduction in one budget month or averaged over several months cannot be used again. 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