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The Oregon Administrative Rules contain OARs filed through October 15, 2015
 
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OREGON DEPARTMENT OF EDUCATION
EARLY LEARNING DIVISION

 

DIVISION 150

CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER
THE CHILD CARE DEVELOPMENT BLOCK GRANT

414-150-0050

Purpose

(1) The purpose of these rules is to set forth standards to be followed when entering into contracts with programs to provide child care services to Special Population clients.

(2) These rules implement elements of federal Child Care and Development (CCDF) State Plan for funds received under the federal Child Care and Development Block Grant Act of 2014, and Chapter 45, Code of Federal Regulations, Parts 98 and 99.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 329A
Stats. Implemented: ORS 329.A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0050; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0055

Definitions

(1) “Administrator” means the Administrator of the Child Care and Development Fund for the Department of Education, Early Learning Division.

(2) “Alcohol and Drug Treatment Program” means a program that provides services to the eligible child whose parent(s) is in a program for the treatment of alcohol or drug/substance abuse.

(3) “CCDF” means federal Child Care and Development Fund which is the federal funding awarded to the Department of Education under the Child Care and Development Block Grant.

(4) “CCDF Grant Plan” means the Oregon Plan approved by the Department of Health and Human Services for child care and related programs funded by the Block Grant.

(5) “CCR&R” means Child Care Resource and Referral Agency.

(6) “Department” means the State of Oregon. Department of Education, which is the lead agency for the Child Care and Development Fund.

(7) “Early Learning Division” is the division of the Department that administers funding and contracts under the federal Child Care and Development Fund.

(8) “Early Learning Hub” means the local coordinating body for early learning services contracted by the Early Learning Division.

(9) “Employment Related Day Care” means the program administered by the Department of Human Services that provides child care services to low-income working families.

(10) “Office of Child Care” means a unit of the Early Learning Division that regulates child care facilities and provides contract administration services to low-income working families.

(11) “Parent” means parent, custodian or guardian who exercises care and custody of a child.

(12) “Program” means community or school-based teen parent education program, or licensed women-specific alcohol and drug treatment program.

(13) “Provider” means a person or program responsible for direct child care, supervision of children, and guidance of children in approved child care setting.

(14) “Special Needs Child” means a child under the age of 18 who requires a level of care over and above the norm for his/her age due to a physical, developmental, behavioral, mental or medical disability.

(15) “Special Populations” means families considered:

(a) To be at high risk of instability;

(b) Have high needs for child care services;

(c) Have very low incomes; and

(d) Are not eligible for child care subsidy from the Department of Human Services under either the Employment Related Day Care or TANF JOBS programs.

(16) “TANF JOBS program recipient” means a family receiving services through the Temporary Assistance to Needy Families program administered by the Department of Human Services and is receiving child care services under the Jobs Opportunity and Basic Skills (JOBS) program.

(17) “Teen Parent” means a parenting or pregnant adolescent age 21 and under who is attending high school or participating in an approved high school completion program.

Stat. Auth.: ORS 657A
Stats. Implemented: ORS 657A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0055; CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0060

Program Administration and Funding Allocations

(1) The Department of Education, Early Learning Division, is the designated state agency responsible for administration of the Child Care and Development Fund.

(2) The division Administrator is responsible for coordination of CCDF-funded programs in Oregon and for the administration of child care services for Special Populations described by these rules.

(3) Federal funds for the Special Populations child care services program are contracted by the Administrator to state-licensed or state-approved alcohol and drug treatment programs, to school districts for school-based programs, and to local non-profits or counties for community-based programs.

(4) After annual federal appropriations for the Child Care and Development Fund are awarded to the state, the Administrator allocates funds to contractors in paragraph (3) of this rule and forwards this information to the local Early Learning Hubs.

(5) The Early Learning Division shall have final responsibility for developing a contract with recommended programs as outlined in OAR 414-150-0120.

Stat. Auth.: ORS 329A
Stats. Implemented: ORS 329A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0060; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0070

Overview of and Eligibility for Special Populations Child Care Services

(1) The Special Populations Child Care Services Program is established for specific low-income populations having demonstrable need for child care services.

(2) Special Populations eligible for services include Teen Parent(s) and parent(s) receiving treatment for alcohol or drug abuse.

(3) Teen Parents. To be eligible for services, the Teen Parent:

(a) Must be attending high school or participating in an approved high school completion program sponsored by a local school district, community college, community-based non-profit, or certified private school, and the parent requires child care in order to attend and complete a program leading to a GED or high school diploma;

(b) Must be attending a school-based or approved high school completion program that meets program standards approved by the Department of Education under ORS 329A.385.

(c) Must enroll eligible child(ren) in child care services provided by a facility certified or registered by the Office of Child Care, which is located on the same campus as the teen parent/child development program the teen parent is attending.

(4) Parents receiving treatment for alcohol or drug abuse. To be eligible, the parent:

(a) Must be enrolled in and have a diagnosis for treatment with a state-licensed or state-approved alcohol or drug abuse treatment program in order to receive subsidized child care services.

(b) Child care services must be provided at the facility site where the parent is undergoing supervised treatment and counseling for substance abuse, or at a nearby facility under supervision of a state licensed or state-approved treatment program.

(5) Child Care Services. For child care services, the following standards apply:

(a) The child receiving services must meet the following conditions:

(A) Be under 13 years of age or a child with Special Needs under 18 years of age.

(B) Be a U.S. citizen or have legal immigration status.

(b) Parental income must be at or below 185 percent of the Federal Poverty Level as published in the most recent Federal Register.

(c) The child being placed for services is residing with a parent or parents who are either participating in an approved education program or participating in an alcohol or drug treatment program;

(d) The parent making the application for services must reside in Oregon;

(e) The determination of income shall be based on a review of all parental income for the preceding 30 calendar days prior to application for child care services.

(f) Review and calculation of income for the Teen Parent shall be limited to the Teen Parent income only and not include income received by other members of the same household.

(g) For the purpose of the child care subsidy, all Teen Parents are considered single parents regardless of marital status. Family size and income will be limited to the Teen Parent and their child(ren).

(h) Parents eligible for child care services through the TANF JOBS program must access that program for services and do not qualify for the Special Populations child care services program.

Stat. Auth.: ORS 329A
Stat. Implemented: ORS 329A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0070; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0110

Application for Services

(1) Families that qualify under Special Populations criteria and eligibility standards of this rule shall make application for child care services directly through a contracting program. Application must be made on an Office of Child Care approved form and signed by both applying parent and program staff. In completing application, the parent shall be required to declare, and provide verification as required, information on:

(a) Parents and dependent members of the household;

(b) U.S. citizenship or legal immigration status of children who are to receive subsidized child care;

(c) Place of residence;

(d) Employment status of parents;

(e) Participation in job training, substance abuse treatment, or enrollment in school programs; and

(f) Parent income.

(2) The Administrator shall send notification regarding contracted programs to CCR&R agencies located throughout the state. Parents seeking assistance may contact local resource and referral agencies for information on programs having a child care services contract.

(3) Child care availability for Special Populations is limited in all regions of the state, and shall, therefore, be assigned to parents on a first-come, first-served basis. The parent signature date on the application form will be used as the basis for determining priority of access to services.

(4) Eligibility for continuing child care services shall be subject to redetermination by the program:

(a) At the end of every 12-month service period; or

(b) Whenever a change of circumstances occurs that may affect a parent’s eligibility status. Parents are responsible for notifying the program of changes; or

(c) At the beginning of each school year for Teen Parent participants.

Stat. Auth.: ORS 329A
Stats. Implemented: ORS 329A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0110; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0120

Service Standards

(1) Prior to accepting a child for care under these rules, the program shall sign a contract with the Early Learning Division. The contract shall include, but is not limited to, the following provisions:

(a) Term of the contract;

(b) Description of services;

(c) Facility and service standards;

(d) Program responsibilities;

(e) Payment for services; and

(f) Compliance with appropriate state and federal regulations.

(2) A program or a provider certified by the Office of Child Care for operation of a child care center shall be in compliance with the standards defined in OAR 414-300-0000 through 414-300-0410.

(3) A program or provider certified by the Office of Child Care for operation of a certified family child care home shall be in compliance with the standards defined in OAR 414-350-0000 through 414-350-0400.

(4) A family child care provider registered with the Office of Child Care shall be in compliance with the standards defined in OAR 414-205-0000 through 414-205-0170.

(5) If a program or a provider is operating a child care facility that is specifically excluded by Oregon law from state certification or registration requirements under ORS 329A.250 to 329A.290, the standards for service shall be defined by the Office of Child Care in contract. The Office of Child Care may require information regarding the status of certification or registration. The Department requires a criminal record check and enrollment of all providers and caregivers in the Office of Child Care, Central Background Registry.

Stat. Auth.: ORS 329A
State Implemented: ORS 329A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0120; CCD 6-2003, f. 12-23-03, cert. ef. 12-28-03; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0130

Payment for Services

(1) The maximum rates the Early Learning Division pays for the Special Populations Child Care Program are determined by the most recent Department of Human Services market price survey and shall be stated in the contract.

(2) Payment for child care services shall be made by the Department directly to the program of behalf of the client after services for the month have been rendered.

(3) To receive payment, the program shall submit an invoice to the Department on a form approved by the Early Learning Division.

(4) The program shall be responsible for collection of any copayments from the parent. Copayment will be determined from the Department of Human Services Employment Related Day Care Copayment Standard established in OAR 461-155-0150.

Stat. Auth.: ORS 329A
Stat. Implemented: ORS 329A.010
Hist.: HR 7-1992(Temp), f. 2-27-92, cert. ef. 3-1-92; HR 26-1992, f. & cert. ef. 8-27-92; CCD 1-1994, f. & cert. ef. 1-12-94; Renumbered from 410-100-0130; ELD 1-2016, f. & cert. ef 1-25-16

414-150-0140

Limits on Disclosure

(1) No employee or volunteer of the Early Learning Division, or other agency, may disclose information about clients except as provided by Oregon Revised Statutes 192.410 to 192.505, or at the direction of a court of competent jurisdiction, or upon advice of the Attorney General.

(2) The Early Learning Division may disclose information in order to administer its programs and provide services when it is in the best interest of the applicant’s family, unless specifically forbidden by statutes, these rules or by court order. Reasons for disclosure include, but are not limited to, providing information to a social service agency, or service provider for the purpose of arranging appropriate child care services for the applicant’s family.

Stat. Auth: ORS 329A
Stat. Implemented: ORS 329A.010
Hist. : ELD 1-2016, f. & cert. ef 1-25-16

414-150-0150

Exception

(1) Specific exception to any section of these rules may be granted for good and just cause by the Early Learning Division.

(2) The exception must be requested in writing to the Early Learning Division and show how the intent of the rule(s) will be met. All exceptions will remain on file.

(3) No exception will be granted which may jeopardize the health, safety, and well-being of any child in care.

(4) The granting of an exception shall not constitute a precedent for any other care provider or client family.

Stat. Auth: ORS 329A
Stat. Implemented: ORS 329A.010
Hist. : ELD 1-2016, f. & cert. ef 1-25-16

414-150-0160

Parent Complaints

(1) All Contractors for the Special Populations child care services program shall establish a process through which families may present a grievance or complaint regarding child care services.

(2) Records of all complaints shall be maintained and the Early Learning Division must be notified in writing of all grievance and complaints within ten (10) working days of receipt.

Stat. Auth: ORS 329A
Stat. Implemented: ORS 329A.010
Hist. : ELD 1-2016, f. & cert. ef 1-25-16

414-150-0170

Mandatory Reporter

As required by Oregon Revised Statues (ORS) 419B.005 through 419B.050, contractor must immediately inform either the local office of the Department of Human Services or a law enforcement agency when they have reasonable cause to believe any child with whom the contractor comes in contact has suffered abuse, or any person with whom the contractor comes in contact has abused a child. Oregon Law recognizes child abuse to be physical injury; neglect or maltreatment; sexual abuse and sexual exploitation; threat of harm; mental injury; and child selling. Report must be made immediately upon awareness of the incident.

Stat. Auth: ORS 329A
Stat. Implemented: ORS 329A.010
Hist. : ELD 1-2016, f. & cert. ef 1-25-16

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use