461-135-0405    Effective 07/08/20
Children in the Head Start Program; ERDC

Retroactively effective July 6, 2020:

1. Initial eligibility (see OAR 461-001-0000) for the ERDC program (see OAR 461-135-0400) must be met prior to receiving child care under a contract between a Head Start agency and the Department.

2. The following subsections apply when a child (see OAR 461-001-0000) in the ERDC program receives child care under a contract between a Head Start agency and the Department.
   1. The Head Start agency is considered the provider of child care.

   2. If the Head Start agency uses another provider for the child care, that provider must meet the requirements in OAR 461-165-0160 and following.

   3. The payment made by the Department on behalf of the child is made only to the Head Start agency. The child is ineligible for child care payments for care not provided under the contract between the Head Start agency and the Department.

   4. Once the Department makes a child care payment for the child under the contract, the child may not lose child care benefits until the next August 31, unless any of the following paragraphs apply:
      1. The child's caretaker (see OAR 461-001-0000) has been found ineligible for ERDC program benefits under OAR 461-135-0415 for failure to make a copayment.

      2. The caretaker was found ineligible because of inaccurate information provided to the Department or because information was withheld from the Department when eligibility was determined.

      3. The caretaker fails to meet the requirements of the locally-prepared agreement among the client and the Head Start program.

      4. The child is no longer attending a Head Start contracted program.

      5. The caretaker of the child voluntarily quits their job or causes their own dismissal and does not meet the "good cause" criteria set out in OAR 461-135-0070(2).

      6. The caretaker of the child is no longer employed and enrolls in school, unless the caretaker is --
         1. Continuing to actively seek employment during the hours the contracted Head Start program is operating; and

         2. Available to work during the operating hours of the contracted Head Start program.

      7. The filing group (see OAR 461-110-0310 and 461-110-0350) no longer meets Oregon residency requirements under OAR 461-120-0010.

   5. For any month in which the child is eligible to be served under a contract covered by this rule, the copayment is $0.

3. The Department will not make a child care payment for a child in a Head Start program if the child's caretaker has been found ineligible for ERDC program under OAR 461-135-0415 for failure to make a copayment.

Statutory/Other Authority: ORS 409.050, 411.060, 411.116, 412.049
Statutes/Other Implemented: ORS 409.010, 409.050, 409.610, 411.060, 411.116, 411.122, 412.049

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