OAR 461-135-0400
Specific Requirements; ERDC
(1)
The Department makes payments for child care, including care covered by the ERDC program, subject to the provisions of division 165 of this chapter of rules.(2)
To be eligible for ERDC, a filing group (see OAR 461-110-0310 (Filing Group; Overview) and 461-110-0350 (Filing Group; ERDC)) must meet the requirements of all of the following subsections:(a)
Except as provided in subsection (c) of this section, every caretaker (see OAR 461-001-0000 (Definitions for Chapter 461)) in the filing group must receive income from employment. This includes self-employment (see OAR 461-145-0910 (Self-Employment; General; Not OSIP, OSIPM, or QMB)), participation in the Occupational Training and Child Care program (see OAR 461-160-0040 (Dependent Care Costs; Deduction and Coverage)), and employment through a work study program.(b)
The filing group must include a child (see OAR 461-001-0000 (Definitions for Chapter 461)) who needs child care.(c)
The filing group must have an allowable child care need as described in OAR 461 160 0040. If there are two adults required to be in the filing group, and one of the adults is unemployed, the unemployed adult is considered available to provide child care, making the filing group ineligible, except in the following situations:(A)
The unemployed adult is physically or mentally unable to provide adequate child care. This must be verified (see OAR 461-125-0830 (Medical Documentation; Disability and Other Determinations)).(B)
The unemployed adult is unavailable to provide child care while participating in the requirements of a case plan (see OAR 461-001-0025 (Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF)) other than requirements associated with post-secondary education.(C)
Confirmation is received from the Office of Child Welfare Programs that supervised contact is required between the child and an unemployed parent (see OAR 461-001-0000 (Definitions for Chapter 461)) or spouse (see OAR 461-001-0000 (Definitions for Chapter 461)) who is living in the home with the child.(d)
The filing group must use a child care provider who meets the requirements in OAR 461-165-0160 (Direct Provider Payments; General Information) and 461-165-0180 (Eligibility of Child Care Providers).(e)
The child needing child care must meet the citizenship or alien status requirements of OAR 461-120-0110 (Citizenship and Alien Status Requirements).(f)
The filing group must certify that they do not exceed the resource limit in OAR 461-160-0015 (Resource Limits) and must meet the income limits in OAR 461-155-0150 (Child Care Eligibility Standard, Payment Rates, and Copayments).(3)
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 a child care payment.(4)
The child care must be necessary to enable the caretaker to remain employed, including self-employed.(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 Oregon Student Assistance Commission for any month the grant is intended to cover, regardless of when the grant is received.
Source:
Rule 461-135-0400 — Specific Requirements; ERDC, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-135-0400.