Oregon Department of Human Services, Self-Sufficiency Programs

Rule Rule 461-135-0440
Child Care Benefit Eligibility and Payment; COVID-19


The provisions in this rule apply to child care benefits and requirements for child care providers in the ERDC and TANF programs.

(1)

The Department suspends the following rules or rule sections regarding the ERDC or TANF programs:

(a)

OAR 461-155-0150 (Child Care Eligibility Standard, Payment Rates, and Copayments)(5), (5)(c), (5)(e) through (5)(h), (12) through (14);

(b)

OAR 461-160-0040 (Dependent Care Costs; Deduction and Coverage)(4);

(c)

OAR 461-160-0193 (Determining Eligibility and Calculating Payment; Direct Provider Payments for TANF Child Care)(2);

(d)

OAR 461-160-0300 (Use of Income to Determine Eligibility and Benefits for ERDC)(2), (3)(b);

(e)

OAR 461-135-0405 (Children in the Head Start Program; ERDC)(2); and

(f)

OAR 461-155-0150 (Child Care Eligibility Standard, Payment Rates, and Copayments)(3), (3)(g).

(2)

The Department amends the following rule sections regarding the ERDC or TANF programs as provided in this rule:

(a)

OAR 461-165-0160 (Direct Provider Payments; General Information)(2)(f),

(b)

OAR 461-165-0180 (Eligibility of Child Care Providers)(13)(a)(A), and

(c)

OAR 461-170-0160 (When a Reapplication Form Is Considered Complete or Not Received; ERDC)(1), (2), (3).

(3)

The ERDC monthly countable income (see OAR 461-001-0000 (Definitions for Chapter 461)) standard is the 250 percent FPL or 85 percent state median income (SMI), whichever is higher, described under OAR 461-155-0180 (Income Standards; Not OSIP, OSIPM, QMB). To be eligible, the countable income of the need group (see OAR 461-110-0630 (Need Group)) must be less than:

(a)

The standard listed for the number of individuals in the need group for groups of eight or fewer.

(b)

The standard listed for eight individuals in the need group for groups of more than eight individuals.

(4)

Beginning the month of March 2020, the monthly copay is $0 for the entirety of the certification period (see OAR 461-001-0000 (Definitions for Chapter 461)).

(5)

The Department shall pay for:
(a) Absent days each month the child is absent. For the purposes of this rule, absent days will be paid for up to 31 days each month if:

(A)

The child was scheduled to be in care,

(B)

The provider bills for the time the child was scheduled to be in care, and

(C)

It is the provider’s policy to bill all families for absent days.

(b)

Days a child is unable to attend care due to a temporary shutdown related to COVID-19 during the COVID-19 state of emergency period initiated by Executive Order 20-03 of the Governor of Oregon.
(c) Days a school-age child is attending child care and participating in distance learning due to concerns, school closures, or medical reasons related to COVID-19.
(d) For the months of September, October, and November of 2020; days a child is unable to attend care due to a temporary shutdown related to Oregon wildfires during the COVID-19 state of emergency period initiated by Executive Order 20-03 of the Governor of Oregon; if the location at which care is provided was in an:
(A) Evacuation Level 1, 2, or 3 area; or
(B) Area with an Air Quality Index of 101 or higher.

(e)

A one-time supplemental payment of one of the following:

(A)

In the amount of $2,312.00 to child care providers who, at the time the Department completed the data pull on November 13, 2020, met the following criteria:

(i)

Eligible for payment under OAR 461-165-0180 (Eligibility of Child Care Providers),

(ii)

Designation of a license-exempt standard family or enhanced family provider as identified by a Standard Family Rate provider type (see OAR 461-155-0150 (Child Care Eligibility Standard, Payment Rates, and Copayments)) or an Enhanced Family Rate provider type (see OAR 461-155-0150 (Child Care Eligibility Standard, Payment Rates, and Copayments)), and

(iii)

Received a payment from the Department 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 Department completed the data pull on November 13, 2020, met the following criteria:

(i)

Met all criteria in subparagraph (5)(e)(A)(i) through (iii) of this rule, and

(ii)

Have not received an Emergency Child Care grant from the Oregon Department of Education, Early Learning Division for either phase one or phase two.

(6)

In addition to provisions in OAR 461-170-0160 (When a Reapplication Form Is Considered Complete or Not Received; ERDC), an individual may apply for ERDC benefits using the Department approved “telephonic application” (see section (7) of this rule) and “narrated telephonic signature” (see section (8) of this rule) processes. An individual submitting a telephonic application must submit the application with a narrated telephonic signature.
(7) A telephonic application is accepted when the following requirements are met:
(a) All ERDC program related questions on the application are answered.
(b) All information necessary to determine eligibility (see OAR 461-001-0000 (Definitions for Chapter 461)) and benefit amount is provided for each individual in the filing group (see OAR 461-110-0310 (Filing Group; Overview)).
(c) The applicant or their authorized representative (see OAR 461-115-0090 (Authorized Representatives; General)) provides a narrated telephonic signature as defined in this rule.

(8)

A narrated telephonic signature is accepted for an application for ERDC benefits when the Department makes record that the following requirements are met:

(a)

The “Your Rights and Responsibilities” form is reviewed and sent to the mailing address of the applicant.
(b) The following sections at the end of the application form are reviewed and sent to the mailing address of the applicant:
(A) “Information about all programs,” and
(B) “Information about your rights and responsibilities.”
(c) The applicant or their authorized representative affirms that they:
(A) Have heard and understand their rights and responsibilities;
(B) Agree to their rights and responsibilities;
(C) Have given true, correct, and complete information to the Department; and
(D) State their full name as their signature.
(d) The Department makes record of the narrated telephonic signature.

(9)

Notwithstanding OAR 461-165-0180 (Eligibility of Child Care Providers)(13)(a)(A), legally exempt (see OAR 461-165-0180 (Eligibility of Child Care Providers)) providers that are not a legally exempt relative (see OAR 461-165-0180 (Eligibility of Child Care Providers)) to all children in care must have an up-to-date infant and child CPR and first aid certification, within 90 days of approval by the Department. Online infant and child CPR trainings approved through the Oregon Registry will be accepted by the Department until July 31, 2021.

(a)

Providers and their staff are not subject to the infant and child CPR and first aid certification renewal provisions if the training is not available in their preferred language.
(b) Individuals to whom subsection (9)(a) applies must complete the infant and child CPR and first aid certification within 60 days of the day the Governor of Oregon ends the COVID-19 state of emergency period initiated by Executive Order 20-03.

(10)

Providers who are approved by the Department may receive retroactive payment prior to the Department approval date and beginning the date the following were met:
(a) The provider was approved through the Office of Child Care (OCC) as an Emergency Child Care provider due to the COVID-19 state of emergency, and

(b)

The provider met all other Department provider requirements.

(11)

Providers who are not legally exempt are not eligible to receive payment from the Department if:

(a)

Their application or approval to operate Emergency Child Care was denied, suspended, or revoked by OCC; or
(b) They voluntarily surrendered their Emergency Child Care approval while under investigation by the OCC or at any time after OCC gave them notice of any administrative proceeding.

(12)

Unless indicated otherwise in this rule, the provisions in this rule end on the last day of the month in which the Governor of Oregon ends the COVID-19 state of emergency period initiated by Executive Order 20-03.
Source

Last accessed
Jun. 8, 2021