Department of Human Services, Children, Adults and Families Division: Self-Sufficiency Programs, Chapter 461
Rule Caption: Changing OARs affecting public assistance, medical assistance, or Supplemental Nutrition Assistance Program clients.
Adm. Order No.: SSP 29-2012(Temp)
Filed with Sec. of State: 8-31-2012
Certified to be Effective: 9-1-12 thru 2-28-13
Notice Publication Date:
Rules Adopted: 461-135-0407
Rules Amended: 461-115-0016
Subject: OAR 461-115-0016 about the application process and reservation list for the Employment Related Day Care (ERDC) program is being amended to add additional exemptions under which families would not be placed on the reservation list. Under this amendment, new applicants are exempt from the reservation list when the family is eligible for and being placed in a current opening in a contracted slot for the Oregon Program of Quality or the Head Start program. This amendment supports the Oregon Program of Quality initiative to increase the number of ERDC subsidy children who are able to access quality child care. These contracted slots will help Oregon state government prepare for an emerging statewide Tiered Quality Rating and Improvement System (TQRIS) and address Oregon’s diverse populations. Oregon State University will be researching how quality and stable child care impact Oregon’s low income ERDC subsidy children.
OAR 461-135-0407 about clients in the Employment Related Day Care (ERDC) program who receive Oregon Program of Quality contracted child care is being adopted to establish policies that apply when the Department starts to contract with Oregon Program of Quality designated child care providers beginning September 1, 2012. These contracts offer full-time contracted child care slots for eligible ERDC children age zero through six who meet the contracted slot criteria. Children receiving child care under the contract will have protected eligibility for up to twelve months as long as they continue to meet the requirements outlined in this rule. Families with a child receiving child care under the contract will pay the minimum copayment of $27. This rule also supports the Oregon Program of Quality initiative to increase the number of ERDC subsidy children who are able to access quality child care. These contracted slots will help Oregon state government prepare for an emerging statewide Tiered Quality Rating and Improvement System (TQRIS) and address Oregon’s diverse populations. Oregon State University will be researching how quality and stable child care impact Oregon’s low income ERDC subsidy children.
Rules Coordinator: Annette Tesch—(503) 945-6067
Application Process; Reservation List for ERDC
Notwithstanding any other rule in Chapter 461 of the Oregon Administrative Rules, in the ERDC program:
(1) Eligibility is subject to the availability of funds. The Department may implement a Child Care Reservation List whenever the Department determines that sufficient funding is not available to sustain benefits for all of the applicants requesting assistance.
(2) Except as provided in section (3) of this rule, the following applicants are subject to placement on the Child Care Reservation List when the Child Care Reservation List is in effect:
(a) New applicants for ERDC when no member of the ERDC filing group (see OAR 461-110-0350) meets the requirements of one or more of the following paragraphs:
(A) Received a partial or full month of REF, SFPSS, or TANF program cash benefits from the State of Oregon in at least one of the preceding three months; and no member of the ERDC program filing group may be concurrently receiving TANF program benefits except as allowed under OAR 461-165-0030.
(B) Is eligible for and being placed in a current opening in an Oregon Program of Quality contracted slot under OAR 461-135-0407 or Head Start program contracted slot under OAR 461-135-0405.
(b) Individuals who are reapplying for ERDC after a break in ERDC benefits of two consecutive, calendar months or more.
(3) Except as allowed under OAR 461-165-0030, no member of an ERDC program filing group may be concurrently receiving TANF program benefits. When concurrent benefits are not allowed, the Department sends a decision notice (see OAR 461-001-0000) of ineligibility for the ERDC program and the filing group is not placed on the Child Care Reservation List.
(4) When the Child Care Reservation List is in effect, the Department must place all applicants who are subject to the Child Care Reservation List under section (2) of this rule on the Child Care Reservation List for future selection. The Department sends these applicants a decision notice of ineligibility for the ERDC program.
(5) Each month, on the basis of an estimate of available funds, an appropriate number of individuals from the Child Care Reservation List are randomly selected and invited to apply for ERDC.
(6) After an individual is selected from the Child Care Reservation List, the individual must contact the Department to establish a date of request no later than 30 days after the date on the selection letter. The individual may request child care benefits from the Department:
(a) Without completing a new application, when the previous application is within 45 days of its date of request (see OAR 461-115-0030); or
(b) By submitting a new application for child care benefits to the Department.
(7) The processing time frame for the ERDC application is the same as that specified in OAR 461-115-0190, except that:
(a) An individual who requests benefits after the 30 day deadline to apply (see section (6) of this rule) will be returned to the Child Care Reservation List.
(b) If the Department does not receive a request for benefits within the deadline to apply, the individual is dropped from the Child Care Reservation List.
Stat. Auth: ORS
409.050, 411.060, 411.116
Stats. Implemented: ORS 409.010, 409.610, 411.060, 411.116, 411.121, 411.122, 411.135
Hist.: SSP 23-2011(Temp), f. & cert. ef. 8-1-11 thru 1-27-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 29-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
ERDC; Children in Oregon Program of Quality Contracted Child Care
The following provisions apply when a child (see OAR 461-001-0000) in the ERDC program receives child care under a contract between an Oregon Program of Quality (OPQ) provider and the Department:
(1) The payment made by the Department on behalf of the child is made only to the OPQ provider. The child is ineligible for child care payments for care not provided under the contract between the OPQ provider and the Department.
(2) Once the Department makes a child care payment for the child under the contract, the child is presumed to meet the ERDC program eligibility requirements until the next August 31, unless:
(a) The caretaker (see OAR 461-001-0000) of the child has been found ineligible for ERDC program benefits under OAR 461-135-0415 for failure to make a copayment;
(b) The filing group (see OAR 461-110-0350) was found eligible because of inaccurate information provided to the Department or because information was withheld from the Department when eligibility was determined;
(c) The filing group fails to meet the requirements of the agreement among the client and the OPQ provider; or
(d) The caretaker of the child is found ineligible for ERDC program benefits under OAR 461-160-0040(6) or OAR 461-135-0400.
(3) For any month in which the child is eligible to be served under a contract covered by this rule, the client’s copayment is established under OAR 461-155-0150(12)(a).
Stat. Auth: ORS
409.050, 411.060, 411.116
Stats. Implemented: ORS 409.010, 409.610, 411.060, 411.116, 411.121, 411.122 & 411.135
Hist.: SSP 29-2012(Temp), f. 8-31-12, cert. ef. 9-1-12 thru 2-28-13
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • firstname.lastname@example.org
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