Oregon Administrative Rules
Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE
Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM
Section 414-175-0023 - Requirement to Establish a Child Care Need and Hours Authorizations
Universal Citation: OR Admin Rules 414-175-0023
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The following is required to establish a child care need:
(a) Except for as described
in (2) below, every caretaker in the filing group must meet one of the
following requirements:
(A) Receive income
from employment. This includes self-employment and employment through a work
study program.
(B) Participate in
education hours, either through:
(i)
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; or
(ii)
Participation in a high school education or general equivalency diploma (GED)
program. To be eligible under this subparagraph the caretaker must be twenty
(20) years of age or younger.
(C) Be on medical leave from current
employment or education.
(b) Except for as described in (2) below, if
there are multiple caretakers required to be in the filing group, and one of
them does not meet any of the criteria in section (1)(a) above, that caretaker
is considered available to provide child care, making the filing group
ineligible, except in the following situations:
(A) The adult is physically or mentally
unable to provide adequate child care. This must be verified pursuant to
414-175-0024.
(B) Confirmation is
received from the Office of Child Welfare Programs that supervised contact is
required between the child and the adult.
(2) If a child or caretaker is Categorically Eligible for ERDC benefits in accordance with OAR 414-175-0025, sections (1), (3), and (4) of this rule do not apply and the copay is waived.
(3) When child care is covered and when copays are waived or reduced
(a) The cost of
dependent child care may be paid for by the Department (is covered) when
dependent child care is necessary for the caretaker to perform the caretaker's
job duties or complete educational hours, including study time.
(b) The cost of dependent child care is not
covered by the Department when free care is available, such as during school
hours for school-age children, unless a child is not attending in-person
schooling and is instead participating in distance learning.
(c) Child care is not covered if the nature
of the work of the caretaker does not make it necessary for a person other than
the caretaker to provide the care. Child care is not covered during a period of
time when:
(A) The nature of the work allows
the caretaker to provide the care without significantly affecting the
work;
(B) The caretaker provides
child care in a residence; or
(C)
The caretaker works for a provider of child care in a residence, unless the
provider is a certified family child care home under OAR 414-350-0000 to
414-350-0400.
(d) The
cost of dependent child care may continue to be paid for by the Department (is
covered) during the certification period with no change to the authorized child
care hours or copay amount subject to the following provisions:
(A) When a reduction in work hours occurs,
the copay may be adjusted.
(B) When
a job loss occurs:
(i) When a caretaker has a
permanent job loss from all employment the copay is waived for:
(I) The remainder of the certification period
if there are three or more months remaining in the period; or
(II) For up to three months for instances
where job loss occurred in months 10 through 12 of the certification
period.
(ii) The waiver
ends if the caretaker becomes employed.
(iii) Any reason a caretaker is experiencing
job loss is a "good cause" reason and qualifies a caretaker for authorized work
search.
(C) For military
transition:
(i) When a caretaker who is a
discharged U.S. military member returns from active duty in a military war
zone, the copay is waived for up to six months starting the month after the
military member returns home.
(ii)
The copay waiver ends at the end of the six month period if the caretaker
becomes employed. The copay waiver ends before the end of the six month period
if the caretaker returns to active duty.
(D) Under this section child care may be used
for work, work search, education hours, military transition activities, or
other activities to maintain a part-time or full-time slot at a child care
facility.
(e) In the
ERDC program the cost of dependent child care may be paid for by the Department
(is covered) at the beginning of the certification period or may continue to be
paid for by the Department (is covered) with no change to the authorized child
care hours if the caretaker is on medical leave from current employment or
education during the certification period. Medical leave includes a Caretaker
on leave due to their own condition or to care for a child in the Filing Group.
(A) When a Caretaker is on medical leave the
reason for the leave must be verified including diagnosis and prognosis under
OAR 414-175-0024, except that parental leave may be authorized for up to three
calendar months without medical documentation.
(B) When a caretaker is on medical leave
during the certification period and meets section (1) of this rule, the copay
is waived starting the month after medical leave begins. The copay waiver:
(i) May not go beyond the last day of the
certification period, subject to OAR 414-175-0011.
(ii) Ends at the end of the medical leave
period, unless the caretaker is still on medical leave or requires extended
parental leave and new verification is received prior to the end of the month
noted on the original documentation, or for parental leave without medical
documentation, prior to the end of third calendar month.
(f) When a caretaker is on medical
leave at the time of initial application or certification, and meets subsection
(1) of this rule, the copay may be waived. The copay waiver:
(A) May not go beyond the last day of the
certification period, subject to OAR 414-175-0011.
(B) Ends at the end of the medical leave
period, unless the caretaker is still on medical leave or requires extended
parental leave and new verification is received prior to the end of the month
noted on the original documentation, or for parental leave without medical
documentation, prior to the end of the third calendar month.
(4) The cost of dependent child care may be paid for (is covered) by the Department, only if all the following are true:
(a) The child is a
member of the benefit group and is in the care, control, and custody of an
individual in the group.
(b) The
provider of child care is not in the filing group.
(c) The provider of child care is not a
parent of a child in the filing group.
(5) Child Care Hours Allowances
(a) Unless otherwise specified below, child
care hours are determined as follows:
(A) When
the allowable child care need totals 20 or fewer weekly hours of dependent
child care, 20 weekly hours are allowed.
(B) When the allowable child care need totals
more than 20 but no more than 40 weekly hours of dependent child care, 40
weekly hours are allowed.
(C) When
the allowable child care need totals more than 40 weekly hours, up to 75 weekly
hours are allowed.
(D) In addition
to the weekly hours allowed in paragraphs (5)(a) through (c), above, study
hours will be allowed as follows:
(i) 5 weekly
hours for a caretaker who spends less than 12 hours a week in education
settings.
(ii) 10 weekly hours for
a caretaker who spends 12 or more hours a week in education settings.
(b) For a need group
that has been determined Categorically Eligible for ERDC in accordance with OAR
414-175-0025, child care hours are determined as follows:
(A) 20 weekly hours of child care are
allowed.
(B) A caretaker may
request additional weekly child care hours. The caretaker must state a reason
for needing additional weekly child care hours. Any reason for needing
additional weekly child care hours is sufficient to allow a higher amount of
weekly hours in accordance with subsections (5)(a)(B) and (C) above, except
that the reason cannot be to secure access to a child care facility requiring a
child to be in care for more than 25 weekly hours.
(c) In addition to the hours allowance
provided in (5)(a) or (b) above, a need group receives 25% of the weekly hours
allowance each week for the purposes of travel or commuting.
(d) Monthly hours allowances are calculated
by multiplying the need group's weekly hours allowance by 4.3.
Statutory/Other Authority: ORS 329A.500
Statutes/Other Implemented: ORS 329A.500
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