reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0005 - Application for ERDC Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 caretaker, or someone authorized to act on behalf of the caretaker, 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 someone authorized to act on
			 behalf of the caretaker, who submits an application. The applicant must submit
			 the application to the Oregon Department of Human Services. Submitting an
			 application to the Oregon Department of Human Services constitutes a request
			 for benefits.
(2) The application
			 must be accessed through the Oregon Department of Human Services. This
			 includes, but is not limited to:
(a) Online
			 at
https://www.oregon.gov/dhs/ASSISTANCE/CHILD-CARE/Pages/Parents.aspx
;
(b) With a paper application; or
(c) By contacting the Oregon Department of
			 Human Services to request assistance with applying for benefits. The request
			 may be oral or in writing.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0006 - Authorized Representatives

Current through Register Vol. 63, No. 7, July 1, 2024
(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 (1): complete, sign, and submit any
			 applications, renewals, or documents on behalf of the applicant or
			 beneficiary.
(b) Receive copies of
			 notices and other communications from the Department for the applicant or
			 beneficiary.
(c) Act on behalf of
			 the applicant or recipient by reporting information and submitting requests to
			 the Department or the Oregon Department of Human Services.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0007 - When New Applications Are Not Required

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0010 - Waitlist for ERDC

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 benefits.
(2) The following
			 applicants are subject to placement on the Child Care Waitlist when the Child
			 Care Waitlist is in effect. New applicants will be placed on the Child Care
			 Waitlist for ERDC unless any member of the ERDC filing group meets at least one
			 exemption listed in the following paragraphs:
(a) Received a partial or full month of cash
			 benefits from the Refugee (REF), State and Family Pre-SSI (SFPSS), or Temporary
			 Assistance to Needy Families (TANF) programs in the state of Oregon in at least
			 one of the preceding three months.
(b) Determined eligible for, and being placed
			 in, a current opening in a Head Start program contracted slot or an Early Head
			 Start Child Care Partnership contracted slot.
(c) The caretaker is currently working with
			 Child Welfare as part of a Child Protective Services (CPS) assessment or open
			 case and Child Welfare has determined the use of child care will:
(A) Prevent removal of the child from their
			 home;
(B) Allow a child to be
			 returned home; or
(C) Allow for
			 placement of the child with a relative or with an adult whom the child or the
			 family of the child has an established relationship.
(d) Determined eligible for Temporary
			 Assistance to Domestic Violence Survivors (TA-DVS) program benefits from the
			 state of Oregon in the current month or at least one of the preceding three
			 months.
(e) Was part of an ERDC
			 filing group with a break in ERDC benefits of no more than two consecutive
			 calendar months.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0011 - Certification Period

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0020 - General Eligibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0022 - Age Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0023 - Requirement to Establish a Child Care Need and Hours Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(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 income
			 from employment. This includes self-employment and employment through a work
			 study program.
(B) Participate in
			 education hours, either through:
(i)
			 Coursework that leads to a certificate, degree, or job-related knowledge or
			 skills attainment at an institution of higher education approved to receive
			 federal financial aid; or
(ii)
			 Participation in a high school education or general equivalency diploma (GED)
			 program. To be eligible under this subparagraph the caretaker must be twenty
			 (20) years of age or younger.
(C) Be on medical leave from current
			 employment or education.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0024 - Verification of Medical Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Medical documentation must be written and
			 must contain all the following:
(a) A
			 diagnosis in medical terminology, including an explanation of whether the
			 impairment limits the individual's ability to perform normal functions and, if
			 so, how.
(b) A prognosis, including
			 an expected recovery time frame.
(c) Clinical findings from physical
			 examination, psychiatric evaluation, X rays, or a laboratory procedure,
			 including specific data supporting diagnosis of a condition that causes
			 disability, either on a medical or psychiatric basis.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0025 - Categorical Eligibility for ERDC

Current through Register Vol. 63, No. 7, July 1, 2024
(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: The individual is determined eligible for
			 Temporary Assistance for Needy Families (TANF) benefits.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0030 - General Financial Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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 an
			 individual's eligibility and benefit level are determined.
(c) An available asset not specifically
			 excluded is countable, and its value is used in determining the eligibility and
			 benefit level of an individual.
(d)
			 An asset may not be counted as a resource and as income in the same
			 month.
(e) The treatment of a check
			 is based on the source of the funds.
(f) If an asset is converted to other uses,
			 the asset is treated under the other applicable rules.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0035 - Specific Financial Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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, funds held in ABLE Act accounts are excluded as resources.
(b) Monies withdrawn from ABLE Act accounts are excluded as income if they are used for Qualified Disability Expenses. For purposes of this section, "Qualified Disability Expenses" include, but are not limited to, the following:
(A) Education;
(B) Housing;
(C) Transportation;
(D) Employment training and support;
(E) Assistive technology and personal support services
(F) Health;
(G) Prevention and wellness;
(H) Financial management and administrative services;
(I) Legal fees;
(J) Expenses for oversight and monitoring; and
(K) Funeral and burial expenses.
(c) Funds withdrawn from ABLE Act accounts for purposes other than Qualified Disability Expenses, above, are counted as unearned income.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0040 - Prospective Eligibility and Budgeting

Current through Register Vol. 63, No. 7, July 1, 2024
(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 eligibility and benefit level.
			 The individual and Department jointly anticipate the individual's income based
			 on the income already received and the income the individual expects to
			 receive.
(c) Prospective budgeting
			 is used for annualized income and prorated educational income.
(d) When prospective budgeting is used and
			 the actual income differs from the amount determined under section (1)(b) of
			 this rule:
(A) If the anticipated income
			 exceeds the actual income, a individual is not entitled to a benefit
			 supplement.
(B) If the actual
			 income exceeds the anticipated income, there may be a individual-error
			 overpayment under OAR 414-175-0099  and 461-195-0521.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0041 - Calculating Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0051 - Requirement to Make Copay or Satisfactory Arrangements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0052 - Concurrent and Duplicate Program Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
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 or also a
				member of an OSIP-AB Benefit Group.
Statutory/Other Authority: ORS
				  329A.500
Statutes/Other Implemented: ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0055 - Decision Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 date of the action.
(c) Specifies
			 the reasons for the action.
(d)
			 Informs the individual of the extent to which the individual has a right to a
			 hearing before an impartial person.
(e) Specifies the method and deadline for
			 requesting a hearing.
(f) Informs
			 the individual of the right to representation, including legal counsel, and the
			 right to have witnesses testify on his or her behalf.
(g) Provides information about the
			 availability of free legal help.
(h) Cites the rules that support the action,
			 or includes a notification of the rules that support the action.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0060 - Reporting Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual is required to report a change in circumstances in accordance with
			 the reporting system in which the individual participates.
(2) The Department determines the appropriate
			 reporting system.
(3) In addition
			 to any required report form, when an individual 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 an individual or authorized representative reports the information to
			 an Oregon Department of Human Services branch office or within the ONE
			 Applicant Portal.
(5) When multiple
			 changes are reported at the same time, they will have the same effective
			 date.
(6) A change reported by an
			 individual or authorized representative for one program supported by the ONE
			 Eligibility System is considered reported for all programs in which that
			 individual participates.
(7) 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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0065 - Reapplication for ERDC

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the end
			 of the certification, authorized work search, medical leave, or military
			 transition period, whichever is later, an individual 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 individual answers,
			 completely and accurately, all questions necessary to determine a copay amount
			 for the following certification period;
(b) The individual provides all required
			 verification; and
(c) The form
			 contains the signature of the primary person or the authorized
			 representative.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0070 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(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 is provided within the
			 application processing timeframes.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0075 - Child Care Provider Eligibility Standards, Payments Rates, Payment Limits, and Payable Hours

Current through Register Vol. 63, No. 7, July 1, 2024
(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 newborn to 1 year. For
			 licensed care, an infant is a child aged newborn to 2 years.
(b) Toddler: For all providers other than
			 licensed (registered or certified) care, a child aged 1 year to 3 years. For
			 licensed care, a toddler is a child aged 2 years to 3 years.
(c) Preschool: A child aged 3 years to 6
			 years.
(d) School: A child aged 6
			 years or older.
(e) Special Needs:
			 A child who meets the age requirement of the program and who requires a level
			 of care over and above the norm for their age due to a physical, behavioral, or
			 mental disability. The disability must be verified by one of the following:
(A) A physician, nurse practitioner, clinical
			 social worker, or any additional sources in OAR 414-175-0024.
(B) Eligibility for Early Intervention and
			 Early Childhood Special Education Programs, or school-age Special Education
			 Programs.
(C) Eligibility for
			 SSI.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0076 - High Needs Child Care Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The payment authorized by OAR 414-175-0075(11)  is calculated by adding the
			 applicable high need payment established by section (4) of that rule to the
			 additional amount determined by this rule.
(2) The additional amount determined by this
			 rule is allowed in consideration of the additional cost to a child care
			 provider for the additional care and supervision required because of a child's
			 physical, mental or behavioral condition. To determine the additional amount, a
			 factor ranging from 0 to 2, determined by this rule is multiplied by:
(a) $5.00 for a payment calculated on an
			 hourly basis; or
(b) $840 for a
			 payment calculated on a monthly basis.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0077 - COVID-19 Provider Payments

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0080 - Eligibility of Child Care Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(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, 407-007-0210(12)(a)(K), and 414-061-0030) is
			 not eligible to provide care.
(2)
			 The Department may approve a child care provider who is legally exempt (see
			 section (11) of this rule) as a child care provider for a child (see OAR
			 461-001-0000) in their household, if all members of the household have an
			 enrollment (see OAR 414-061-0020(18)), conditional enrollment (see OAR
			 414-061-0020(9)), or limited enrollment (see OAR 414-061-0020(25)(b)) in the
			 Central Background Registry (see OAR 414-061-0000) and all of the following
			 requirements are met:
(a) There is no
			 criminal history consisting of a disqualifying crime listed in
			 45 CFR
			 98.43(c).
(b) The household member with the criminal or
			 child abuse and neglect history is a parent (see OAR 461-001-0000) or caretaker
			 relative (see OAR 461-001-0000) of the child needing child care.
(c) The child care is necessary pursuant to
			 OAR 414-175-0023.
(d) The approval
			 for Department payments only applies for the child of the household member, or
			 a child for whom the household member is a caretaker relative.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0081 - Disqualifying Child Protective Service History for Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0082 - Disqualifying Criminal History of Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0085 - Direct Provider Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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. To be eligible for payment, a provider must:
(a) Charge individuals receiving ERDC
			 benefits at a rate no higher than the rate charged other customers;
(b) Provide the Department their social
			 security number (SSN) or IRS identification number; and
(c) Meet the requirements of OAR
			 414-175-0080.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0090 - Restored and Supplemental Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0091 - Replacement Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0092 - Legal Status of Benefits Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0095 - Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
(b) "Department" means the Department of
			 Early Learning and Care. References in this rule to Department include the
			 Oregon Department of Human Services performing functions delegated to it by the
			 Department pursuant to ORS
			 327.274.
(c) "Department representative" means a
			 person authorized by section (4) of this rule to represent the Department in
			 the hearing, including the Oregon Department of Human Services performing
			 functions delegated to it by the Department pursuant to ORS
			 327.274.
(d) "Good cause" means a circumstance beyond
			 the control of the claimant and claimant's representative.
(e) "Oregon Department of Human Services" or
			 "ODHS" means the Oregon Department of Human Services performing functions
			 delegated to it by the Department pursuant to ORS
			 327.274.
(f) "Request for hearing" is a clear written
			 expression by an individual or representative that the person wishes to appeal
			 a Department decision or action.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0096 - Provider Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0097 - Rights and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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 for individually identifiable information to the extent
			 provided under federal and state law, including the administrative rules of the
			 Department.
(c) The right, at any
			 time, to obtain the standard form for requesting a hearing.
(d) The right to request a hearing to the
			 extent provided in OAR 414-175-0095  or OAR 414-175-0096.
(e) The right to request and receive an
			 application to apply for the ERDC program in paper or electronic
			 format.
(f) The right to have a
			 decision on eligibility made within the timelines set forth in OAR
			 414-175-0005.
(g) The right to
			 apply for and receive benefits and services from the Department and its
			 contractors, grantees, agents, and providers of services who receive payments
			 from the Department without discrimination on the basis of race, color,
			 national origin, religion, gender, sexual orientation, disability, or political
			 beliefs.
(h) The right to
			 courteous, fair, and dignified treatment by Department personnel, including
			 personnel carrying out functions on behalf of the Department, and to file a
			 complaint with the Department about such personnel conduct or customer service
			 to the extent provided in OAR 407-005-0100  to 407-005-0120.
(i) The right to file a complaint with the
			 Department about discrimination or unfair treatment as provided in Procedure
			 DHS-010-005-01, "Filing a Individual Complaint or Report of Discrimination" or
			 OAR 407-005-0030.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0098 - Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0099 - Intentional Program Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In the child care programs, a provider commits an intentional program violation
			 (IPV) by intentionally making a false or misleading statement or
			 misrepresenting, concealing, or withholding information related to their
			 request to be eligible for a child care payment under OAR 414-175-0080  or a
			 claim for a child care payment.
(2)
			 An IPV is established by a state or federal court, by an administrative agency
			 in a contested case, or by an individual signing the designated form
			 acknowledging the IPV and waiving the right to an administrative hearing. If
			 the IPV will be established in a contested case, the Department initiates the
			 IPV hearing.
(3) Except as provided
			 in section (4) of this rule, there is no administrative appeal after an
			 individual waives the right to an IPV hearing and the penalty may not be
			 changed by subsequent administrative action.
(4) An individual who waives the right to an
			 IPV hearing may seek relief in court or request a contested case hearing on the
			 sole issue of whether the waiver was signed under duress. If there is a
			 determination that the waiver was signed under duress, the initial IPV penalty
			 is void, and:
(a) If a court determines that a
			 waiver was signed under duress, the court may determine whether an IPV occurred
			 and the amount of the penalty.
(b)
			 If an administrative law judge determines that a waiver was signed under
			 duress, the state may initiate an IPV hearing to determine whether an IPV
			 occurred and the amount of the penalty.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0100 - Quality Control Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Individuals are required to cooperate in the Department's or Oregon Department
			 of Human Service's quality control review process.
(2) An individual who refuses to cooperate is
			 ineligible for the program in which the review takes place until the individual
			 cooperates.
Statutory/Other Authority: ORS
				  329A.500
Statutes/Other Implemented: ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0105 - Children in the Head Start Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial eligibility for the ERDC program
			 must be met prior to receiving child care under a contract between a Head Start
			 agency and the Department.
(2) The
			 following subsections apply when a child in the ERDC program receives child
			 care under a contract between a Head Start agency and the Department.
(a) The Head Start agency is considered the
			 provider of child care.
(b) If the
			 Head Start agency uses another provider for the child care, that provider must
			 meet the requirements in OAR 414-175-0085  and following.
(c) The payment made by the Department on
			 behalf of the child is made only to the Head Start agency. The child is
			 ineligible for child care payments for care not provided under the contract
			 between the Head Start agency and the Department.
(d) Once the Department makes a child care
			 payment for the child under the contract, the child may not lose child care
			 benefits until the next August 31, unless any of the following paragraphs
			 apply:
(A) The caretaker was found ineligible
			 because of inaccurate information provided to the Department or because
			 information was withheld from the Department when eligibility was
			 determined.
(B) The caretaker fails
			 to meet the requirements of the locally-prepared agreement among the client and
			 the Head Start program.
(C) The
			 child is no longer attending a Head Start contracted program.
(D) The filing group no longer meets Oregon
			 residency requirements under OAR 414-175-0020.
(e) For any month in which the child is
			 eligible to be served under a contract covered by this rule, the copayment is
			 $0.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Administrative Rules (OAR) 414-180-0005  through
				414-180-0090  are the Department's minimum health and safety requirements for
				license exempt child care providers who accept federal child care subsidy
				payments through the state. The purpose of these rules is to protect the
				health, safety, and well-being of children in care. These rules apply to child
				care providers who accept federal child care subsidies from the Department and
				are exempt from child care licensing as outlined in ORS
				329A.250.
Statutory/Other Authority: ORS
				  326.425 & ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.505, ORS
				  329A.010, ORS
				  329A.020 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0020 - Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pre-mixed
			 sanitizers and disinfectants that are EPA registered and meet Oregon Health
			 Authority criteria may be used in all areas of the child care facility per
			 manufacturer instructions.
(2) All
			 caregivers and children must wash their hands with soap and warm, running
			 water:
(a) Before handling food;
(b) Before assisting with feeding;
(c) Before and after eating;
(d) After diapering;
(e) After using the toilet;
(f) After assisting someone with
			 toileting;
(g) After nose
			 wiping;
(h) After playing outside;
			 and
(i) After touching an animal or
			 handling pet toys.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0025 - Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The room
			 temperature must be at least 68°F during the hours which child care
			 children are in care.
(2) Rooms
			 child care children are predominantly occupying must have a combination of
			 natural and artificial lighting.
(3) Floors must be free of splinters, large
			 unsealed cracks, sliding rugs and other hazards.
(4) Potentially aggressive animals must not
			 be in the same physical space as the children.
(5) Children shall be protected from fire and
			 safety hazards. Providers must have the following protections in place:
(a) All exposed electrical outlets in rooms
			 used by preschool or younger children must have hard-to-remove protective caps
			 or safety devices installed when the outlet is not in use.
(b) Extension cords shall not be used as
			 permanent wiring;
(c) All appliance
			 cords must be in good condition;
(d) Multiple connectors for cords shall not
			 be used;
(e) A grounded power strip
			 outlet with a built-in over-current protection may be used;
(f) A stable barrier shall be installed to
			 prevent children from falling into hazards, including, but not limited to:
			 fireplaces, heaters and woodstoves that are in use when child care children are
			 present;
(g) A secure barrier shall
			 be placed at the top and/or bottom of all stairways accessible to infants and
			 toddlers;