Or. Admin. R. 461-155-0150 - Child Care Provider Eligibility Standard, Payment Rates, Payment Limits, and Payable Hours
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 their 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.
(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).
(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 caretaker 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 absent days
each month the child is absent. Absent days can be billed if:
(A) It is the provider's policy to bill all
families for absent days; and
(B)
The child was scheduled to be in care, the provider bills for the amount of
time the child was scheduled to be in care, and the child has not been absent
for a calendar month.
(g)
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:
|
Star Rating........................ |
Amount |
|
3........................ |
$54 |
|
4........................ |
$72 |
|
5........................ |
$90 |
(h) In the ERDC program, child care providers
eligible for the licensed rate may receive payment from the Department for
registration and other fees if they are required by the facility for a child to
begin or continue care and the fees are also required of the general public.
Fees related to penalties, fines, charges exceeding approved ERDC hours or
rates (see section (4) of this rule), or advance payment for cost of care are
not eligible for payment.
(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) OAR 461-160-0300 establishes ERDC
financial eligibility, allowable child care cost, and the
copay calculation, except for child care under a contract between a Head Start
agency and the Department, which is covered under OAR 461-135-0405.
(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(3) and (6); or
(ii) To
participate in activities included in a case plan (see OAR
461-001-0025) including, for caretakers in the JOBS Plus program, the time the
caretaker searches for unsubsidized employment and for which the employer pays
the caretaker.
(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 caretaker meets the criteria for extra hours under section (10) of
this rule.
(b) In the
ERDC program, for a caretaker 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 caretaker 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 caretaker's
employment.
(d) In the ERDC
program, employed caretakers eligible under OAR 461-135-0400 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 caretaker has special circumstances. For the purposes of this section, a
caretaker has special circumstances when it is necessary for the caretaker to
obtain child care in excess of 215 hours in a month to perform the requirements
of their 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 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.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070 & 412.049
Statutes/Other Implemented: ORS 329A.500, 409.010, 409.610, 411.060, 411.070, 411.122, 411.141, 412.006, 412.049, 412.124, 418.485 & HB 4005, 2022 Reg. Sess. (Oregon 2022)
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