Oregon Department of Human Services, Self-Sufficiency Programs

Rule Rule 461-155-0150
Child Care Eligibility Standard, Payment Rates, and Copayments


The following provisions apply to child care in the ERDC, JOBS, JOBS Plus, and TANF programs:

(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 (ERDC or TANF) and who requires a level of care over and above the norm for his or her 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 461-125-0830 (Medical Documentation; Disability and Other Determinations).

(B)

Eligibility for Early Intervention and Early Childhood Special Education Programs, or school-age Special Education Programs.

(C)

Eligibility for SSI.

(2)

The following definitions apply to the types of care specified in the child care rate charts in subsections (4)(a) through (4)(c) of this rule:

(a)

The Standard Family Rate applies to child care provided in the provider’s own home or in the home of the child when the provider does not qualify for the enhanced rate allowed by subsection (b) of this section.

(b)

The Enhanced Family Rate applies to child care provided in the provider’s own home or in the home of the child when the provider meets the training requirements of the Oregon Registry, established by the Oregon Center for Career Development in Childhood Care and Education.

(c)

The Registered Family Rate applies to child care provided in the provider’s own home when the provider meets criteria established by the Office of Child Care.

(d)

The Certified Family Rate applies to child care provided in a residential dwelling that is certified by the Office of Child Care as a Certified Family Home. To earn this designation, the facility must be inspected, and both provider and facility are required to meet certain standards not required of a registered family provider.

(e)

The Standard Center Rate applies to child care provided in a facility that is not located in a residential dwelling and is exempt from Office of Child Care Certification rules (see OAR 414-300-0000 (Applicability of Rules)).

(f)

The Enhanced Center Rate applies to child care provided in an exempt center whose staff meet the training requirements of the Oregon Registry established by the Oregon Center for Career Development in Childhood Care and Education. Eligibility to receive the enhanced center rate for care provided in an exempt center is subject to the following requirements:

(A)

A minimum of one staff member for every 20 children in care must meet the Oregon Registry training requirements noted in subsection (b) of this section.

(B)

New staff must meet the Oregon Registry training requirements within 90 days of hire, if necessary to maintain the trained staff-to-children ratio described in paragraph (A) of this subsection.

(C)

There must be at least one person present where care is provided who has a current certificate in infant and child CPR and a current American Red Cross First Aid card or an equivalent.

(g)

An enhanced rate will become effective not later than the second month following the month in which the Department receives verification that the provider has met the requirements of subsection (b) or (f) of this section.

(h)

The Certified Center Rate applies to child care provided in a center that is certified by the Office of Child Care or participating in the Alternative Pathway program through the Office of Child Care.

(3)

The following provisions apply to child care payments:

(a)

Providers not eligible for the enhanced or licensed rate will be paid at an hourly rate for children in care less than 158 hours per month subject to the maximum full-time monthly rate.

(b)

Providers eligible for the enhanced or licensed rate will be paid at an hourly rate for children in care less than 136 hours a month, unless the provider customarily bills all families at a part-time monthly rate subject to the maximum full-time monthly rate and is designated as the primary provider for the case.

(c)

At their request, providers eligible for the enhanced or licensed rate may be paid at the part-time monthly rate if they provide 63 or more hours of care in the month, customarily bill all families at a part-time monthly rate, and are designated as the primary provider for the case.

(d)

Unless required by the circumstances of the client or child, the Department will not pay for care at a part-time monthly or a monthly rate to more than one provider for the same child for the same month.

(e)

The Department will pay at the hourly rate for less than 63 hours of care in the month subject to the maximum full-time monthly rate.

(f)

The Department will pay for up to five days each month the child is absent if:

(A)

The child was scheduled to be in care and the provider bills for the amount of time the child was scheduled to be in care; and

(B)

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

(g)

The Department will not pay for more than five consecutive days of scheduled care for which the child is absent.

(h)

Child care providers are eligible to receive an incentive payment upon achieving and maintaining a three star or higher rating with the Quality Rating Improvement System (QRIS) subject to all of the following provisions.

(A)

The incentive payment is in addition to the Department maximum rate.

(B)

A provider may receive an incentive payment for any ERDC child that the Department paid the provider for full-time care (136 hours or more).

(C)

Providers who are contracted for child care services through the ERDC program are not eligible to receive incentive payments, with the exception of Early Head Start providers.

(D)

Eligibility for the incentive payment is effective the month after the QRIS rating has been achieved.

(E)

The incentive payment amount is based on the provider’s star QRIS rating as follows: [see attached table]

(4)

The following are the child care rates based on the type of provider, the location of the provider (shown by zip code), the age of the child, and the type of billing used (hourly or monthly):

(a)

[see attached table]

(b)

[see attached table]

(c)

[see attached table]

(5)

Except to the extent provided otherwise in section (12), (13), or (14) of this rule or for children in contracted child care (see OAR 461-135-0405 (Children in the Head Start Program; ERDC) and 461-135-0407), this section establishes the ERDC eligibility standard and the client’s copayment (copay).

(a)

At initial certification, the ERDC eligibility standard is met for a need group (see OAR 461-110-0630 (Need Group)) of eight or less if monthly countable income (see OAR 461-001-0000 (Definitions for Chapter 461)) for the need group is less than 185 percent of the federal poverty level (FPL), as described in OAR 461-155-0180 (Income Standards; Not OSIP, OSIPM, QMB). The eligibility standard for a need group of eight applies to any need group larger than eight.

(b)

During the certification period (see OAR 461-001-0000 (Definitions for Chapter 461)) and at recertification the ERDC eligibility standard is met for a need group of eight or less if monthly countable income for the need group during the 12 month period is less than 250 percent FPL or 85 percent state median income (SMI), whichever is higher, as described in OAR 461-155-0180 (Income Standards; Not OSIP, OSIPM, QMB). The eligibility standard for a need group of eight applies to any need group larger than eight.

(c)

The minimum monthly ERDC copay is $25.

(d)

The filing group may not exceed the resource limit in OAR 461-160-0015 (Resource Limits).

(e)

For a filing group (see OAR 461-110-0310 (Filing Group; Overview)) whose countable income is at or below 50 percent of the 2007 FPL, the copay is $25 or 1.5 percent of the filing group’s monthly countable income, whichever is greater.

(f)

For a filing group whose countable income is over 50 percent of the 2007 FPL, the copay amount is determined with the following percentage of monthly income:

(A)

Divide the filing group’s countable income by the 2007 FPL, drop all digits beyond two decimal points, subtract 0.5, and multiply this difference by 0.12.

(B)

Add .015 to the amount in paragraph (A) of this subsection. This sum is the percentage of monthly income used to determine the copay amount. Multiply this sum by the filing group’s countable income and round to the nearest whole dollar.
(g) For individuals participating in the Occupational Training and Child Care program and the Launch housing stabilization project, the copay is $27.00.

(h)

The 2007 federal poverty level used to determine copay amounts under subsections (e) and (f) of this section is set at the following amounts: [see attached table]

(6)

Subject to the provisions in section (9) of this rule, the monthly limit for each child’s child care payments is the lesser of the amount charged by the provider or providers and the following amounts:

(a)

The monthly rate provided in section (4) of this rule.

(b)

The product of the hours of care, limited by section (8) of this rule, multiplied by the hourly rate provided in section (4) of this rule.

(7)

The limit in any month for child care payments on behalf of a child whose caretaker is away from the child’s home for more than 30 days because the caretaker is a member of a reserve or National Guard unit that is called up for active duty is the lesser of the following:

(a)

The amount billed by the provider or providers.

(b)

The monthly rate established in this rule for 215 hours of care.

(8)

The number of payable billed hours of care for a child is limited as follows:

(a)

In the ERDC and TANF programs, the total payable hours of care in a month may not exceed the amounts in paragraphs (A) or (B) of this subsection:

(A)

125 percent of the number of child care hours authorized:

(i)

Under OAR 461-160-0040 (Dependent Care Costs; Deduction and Coverage)(3) and (6); or

(ii)

To participate in activities included in a case plan (see OAR 461-001-0025 (Definitions of Terms, Components, and Activities; JOBS, Pre-TANF, TANF)) including, for clients in the JOBS Plus program, the time the client searches for unsubsidized employment and for which the employer pays the client.

(B)

The monthly rate established in section (4) of this rule multiplied by a factor of not more than 1.5, determined by dividing the number of hours billed by 215, when the client meets the criteria for extra hours under section (10) of this rule.

(b)

In the ERDC program, for a client who earns less than the Oregon minimum wage, the total may not exceed 125 percent of the anticipated earnings divided by the state minimum wage not to exceed 172 hours (which is full time).

(c)

In the TANF program, for a client who earns less than the Oregon minimum wage or is self-employed, the total may not exceed 125 percent of the anticipated earnings divided by the state minimum wage not to exceed 172 hours (which is full time). The limitation of this subsection is waived for the first three months of the client’s employment.

(d)

In the ERDC program, employed caretakers eligible under OAR 461-135-0400 (Specific Requirements; ERDC) may have education hours added to the authorized work hours. Education hours may not exceed authorized work hours and combined hours may not exceed 215 hours per month. Education hours are hours required to participate in 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.

(9)

The limit in any month for child care payments on behalf of a child whose caretaker has special circumstances, defined in section (10) of this rule, is the lesser of one of the following:

(a)

The amount billed by the provider or providers; or

(b)

The monthly rate established in section (4) of this rule multiplied by a factor, of not more than 1.5, determined by dividing the number of hours billed by 215.

(10)

The limit allowed by section (9) of this rule is authorized once the Department has determined the client has special circumstances. For the purposes of this section, a client has special circumstances when it is necessary for the client to obtain child care in excess of 215 hours in a month to perform the requirements of his or her employment or training required to keep current employment, not including self-employment. This is limited to the following situations:

(a)

The commute time to and from work exceeds two hours per day.

(b)

The caretaker works an overnight shift and care is necessary for both work hours and sleep hours.

(c)

The caretaker works a split shift and it is not feasible to care for the child between shifts.

(d)

The caretaker consistently works more than 40 hours per week.

(11)

The payment available for care of a child who meets the special needs criteria described in subsection (e) of section (1) of this rule is increased in accordance with OAR 461-155-0151 (High Special Needs; Child Care) if the requirements of both of the following subsections are met:

(a)

The child requires significantly more direct supervision by the child care provider than normal for a child of the same age.

(b)

The child is enrolled in a local school district Early Intervention or Early Childhood Special Education program or school-age Special Education Program. The enrollment required by this subsection is waived if determined inappropriate by a physician, nurse practitioner, licensed or certified psychologist, clinical social worker, or school district official.

(12)

Effective May 1, 2012:

(a)

The minimum monthly ERDC copay is $27.

(b)

Except as stated in subsection (a) of this section, the Department adds 10 percent to the monthly client copay amount set under section (5) of this rule by multiplying the copay amount by 1.1 and rounding down to the nearest whole dollar.

(13)

Effective April 1, 2016, the ERDC copay is $27 for no more than three months after closure of Pre-TANF, SFPSS, or TANF benefits when:

(a)

The closure is because an individual in the need group had earned income that led to the TANF closure;

(b)

An ERDC date of request (see OAR 461-115-0030 (Date of Request)) is established within 90 days of closure; and

(c)

The individual is eligible for ERDC at initial certification.

(14)

The ERDC copay will be reduced starting the month after the ERDC case has been electronically connected to a Department approved child care provider with a Quality Rating and Improvement System (QRIS) star rating of 3, 4, or 5. The copay will be reduced by the following amounts:

(a)

A copay set at $27 is waived, unless the copay is $27 under section (13) of this rule in which case the copay is not waived under this section.

(b)

Copay amounts of $28 to $200 are reduced by $20.

(c)

Copay amounts of $201 or more are reduced by 10 percent rounding to the nearest dollar.
[see attached table]
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Source

Last accessed
Jun. 8, 2021