461-155-0150    Effective 03/31/14
Child Care Eligibility Standard, Payment Rates, and Copayments

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:

    1. 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.

    2. 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.

    3. Preschool: A child aged 3 years to 6 years.

    4. School: A child aged 6 years or older.

    5. 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 his or her age due to a physical, behavioral or mental disability. The need for a higher level of care must be determined by the provider and the disability must be verified by one of the following:

      1. A physician, nurse practitioner, clinical social worker, or any additional sources in OAR 461-125-0830.

      2. Eligibility for Early Intervention and Early Childhood Special Education Programs, or school-age Special Education Programs.

      3. 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:

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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).

    6. 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:

      1. A minimum of one staff member for every 20 children in care must meet the Oregon Registry training requirements noted in paragraph (2)(b) of this rule.

      2. 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.

      3. 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.

    7. 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 (2)(b), (f), or (g) of this rule.

    8. The Certified Center Rate applies to child care provided in a center that is certified by the Office of Child Care.

  3. The following provisions apply to child care payments:

    1. 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.

    2. 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.

    3. 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.

    4. Unless required by the circumstances of the client 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.

    5. 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.

    6. The Department will pay for up to five days each month the child is absent if:

      1. The child was scheduled to be in care and the provider bills for the amount of time the child was scheduled to be in care; and

      2. It is the provider's policy to bill all families for absent days.

    7. The Department will not pay for more than five consecutive days of scheduled care for which the child is absent.

  4. The following are the child care rates, the rates are 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):


    1. Group Area A
      STANDARD RATE MAXIMUMS (Not Licensed)

       

      Standard Family Rate

      Standard Center Rate

      1-157 Hours per month

      158-215 Hours
      per month

      1-157 Hours per month

      158-215 Hours
      per month

      Hourly

      Monthly

      Hourly

      Monthly

      Infant

      $2.90

      $521

      $5.25

      $848

      Toddler

      $2.90

      $487

      $5.25

      $778

      Preschool

      $2.90

      $481

      $4.50

      $638

      School

      $2.90

      $455

      $4.50

      $544

      Special Needs

      $2.90

      $521

      $5.25

      $848

      ENHANCED RATE MAXIMUMS (Not Licensed)

       

      Enhanced Family Rate

      Enhanced Center Rate

      1-62 Hours
      per month

      63-135 Hours
      per month

      136-215 Hours
      per month

      1-62 Hours
      per month

      63-135 Hours
      per month

      136-215 Hours
      per month

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Infant

      $3.01

      $422

      $562

      $5.95

      $721

      $961

      Toddler

      $3.00

      $394

      $525

      $5.95

      $662

      $882

      Preschool

      $3.00

      $390

      $520

      $5.10

      $543

      $723

      School

      $3.00

      $368

      $491

      $5.10

      $463

      $617

      Special Needs

      $3.01

      $422

      $562

      $5.95

      $721

      $961

      LICENSED RATE MAXIMUMS

       

      Registered Family Rate

      Certified Family Rate

      Certified Center Rate

       

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

       

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Infant

      $3.50

      $450

      $600

      $6.00

      $675

      $900

      $7.00

      $848

      $1,130

      Toddler

      $3.25

      $450

      $600

      $5.00

      $675

      $900

      $7.00

      $778

      $1,037

      Preschool

      $3.00

      $450

      $600

      $5.00

      $589

      $785

      $6.00

      $638

      $850

      School

      $3.00

      $413

      $550

      $4.50

      $488

      $650

      $6.00

      $544

      $725

      Special Needs

      $3.50

      $450

      $600

      $6.00

      $675

      $900

      $7.00

      $848

      $1,130

      Zip Codes for Group Area A:
      Portland, Bend, Eugene, Corvallis, Springfield, Monmouth and Ashland areas

      97004

      97005

      97006

      97007

      97008

      97009

      97010

      97013

      97014

      97015

      97019

      97022

      97023

      97024

      97027

      97028

      97030

      97031

      97034

      97035

      97036

      97041

      97045

      97051

      97055

      97056

      97060

      97062

      97064

      97068

      97070

      97080

      97086

      97089

      97106

      97109

      97112

      97113

      97116

      97119

      97123

      97124

      97125

      97132

      97133

      97135

      97140

      97149

      97201

      97202

      97203

      97204

      97205

      97206

      97209

      97210

      97211

      97212

      97213

      97214

      97215

      97216

      97217

      97218

      97219

      97220

      97221

      97222

      97223

      97224

      97225

      97227

      97229

      97230

      97231

      97232

      97233

      97236

      97239

      97242

      97258

      97266

      97267

      97268

      97286

      97292

      97330

      97331

      97333

      97339

      97351

      97361

      97371

      97376

      97401

      97402

      97403

      97404

      97405

      97408

      97454

      97455

      97477

      97478

      97482

      97520

      97525

      97701

      97702

      97707

      97708

      97709

       

       

       

       

       

       

       

       


    2. Group Area B
      STANDARD RATE MAXIMUMS (Not Licensed)

       

      Standard Family Rate

      Standard Center Rate

      1-157 Hours
      per month

      158-215 Hours
      per month

      1-157 Hours
      per month

      158-215 Hours
      per month

      Hourly

      Monthly

      Hourly

      Monthly

      Infant

      $2.49

      $416

      $3.15

      $537

      Toddler

      $2.49

      $412

      $2.97

      $513

      Preschool

      $2.35

      $403

      $2.82

      $420

      School

      $2.35

      $396

      $3.00

      $413

      Special Needs

      $2.49

      $416

      $3.15

      $537

      ENHANCED RATE MAXIMUMS (Not Licensed)

       

      Enhanced Family Rate

      Enhanced Center Rate

      1-62 Hours
      per month

      63-135 Hours
      per month

      136-215 Hours
      per month

      1-62 Hours
      per month

      63-135 Hours
      per month

      136-215 Hours
      per month

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Infant

      $2.70

      $337

      $490

      $3.57

      $456

      $608

      Toddler

      $2.70

      $328

      $479

      $3.37

      $436

      $581

      Preschool

      $2.70

      $326

      $458

      $3.19

      $357

      $476

      School

      $2.70

      $321

      $431

      $3.40

      $351

      $468

      Special Needs

      $2.70

      $337

      $490

      $3.57

      $456

      $608

      LICENSED RATE MAXIMUMS

       

      Registered Family Rate

      Certified Family Rate

      Certified Center Rate

       

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

       

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Infant

      $3.00

      $375

      $500

      $3.60

      $413

      $550

      $4.20

      $537

      $715

      Toddler

      $3.00

      $360

      $480

      $3.55

      $399

      $532

      $3.96

      $513

      $683

      Preschool

      $3.00

      $357

      $475

      $3.50

      $375

      $500

      $3.75

      $420

      $560

      School

      $3.00

      $338

      $450

      $3.25

      $413

      $550

      $4.00

      $413

      $550

      Special Needs

      $3.00

      $375

      $500

      $3.60

      $413

      $550

      $4.20

      $537

      $715

      Zip Codes for Group Area B:
      Salem, Medford, Roseburg, Brookings and areas outside the metropolitan areas in Eugene and Portland

      97002

      97003

      97011

      97016

      97017

      97018

      97038

      97042

      97044

      97048

      97049

      97053

      97058

      97067

      97071

      97103

      97107

      97108

      97110

      97111

      97114

      97115

      97117

      97118

      97121

      97122

      97127

      97128

      97131

      97134

      97138

      97141

      97143

      97146

      97148

      97301

      97302

      97303

      97304

      97305

      97306

      97307

      97309

      97310

      97317

      97321

      97322

      97325

      97326

      97327

      97328

      97336

      97338

      97341

      97343

      97344

      97348

      97352

      97353

      97355

      97357

      97362

      97365

      97366

      97367

      97370

      97372

      97374

      97377

      97378

      97380

      97381

      97383

      97385

      97386

      97389

      97391

      97392

      97394

      97415

      97420

      97423

      97424

      97426

      97431

      97444

      97446

      97448

      97452

      97456

      97457

      97459

      97465

      97470

      97471

      97479

      97487

      97489

      97501

      97502

      97503

      97504

      97524

      97534

      97535

      97756

      97759

      97760

      97801

      97812

      97813

       

       

       

       

       

       

       

       

       


    3. Group Area C
      STANDARD RATE MAXIMUMS (Not Licensed)

       

      Standard Family Rate

      Standard Center Rate

      1-157 Hours
      per month

      158-215 Hours
      per month

      1-157 Hours
      per month

      158-215 Hours
      per month

      Hourly

      Monthly

      Hourly

      Monthly

      Infant

      $2.42

      $396

      $2.74

      $440

      Toddler

      $2.20

      $372

      $2.91

      $432

      Preschool

      $2.20

      $360

      $2.25

      $340

      School

      $2.20

      $360

      $2.52

      $372

      Special Needs

      $2.42

      $396

      $2.74

      $440

      ENHANCED RATE MAXIMUMS (Not Licensed)

       

      Enhanced Family Rate

      Enhanced Center Rate

      1-62 Hours
      per month

      63-135 Hours
      per month

      136-215 Hours per month

      1-62 Hours
      per month

      63-135 Hours
      per month

      136-215 Hours per month

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Infant

      $2.64

      $308

      $432

      $3.11

      $375

      $499

      Toddler

      $2.40

      $297

      $400

      $3.30

      $367

      $489

      Preschool

      $2.40

      $290

      $390

      $2.55

      $290

      $386

      School

      $2.40

      $285

      $391

      $2.85

      $316

      $421

      Special Needs

      $2.64

      $308

      $432

      $3.11

      $375

      $499

      LICENSED RATE MAXIMUMS

       

      Registered Family Rate

      Certified Family Rate

      Certified Center Rate

       

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

      1-62 Hours per month

      63-135 Hours per month

      136-215 Hours per month

       

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Hourly

      Part-time

      Monthly

      Infant

      $2.75

      $338

      $450

      $3.50

      $413

      $550

      $3.65

      $440

      $586

      Toddler

      $2.50

      $338

      $450

      $3.48

      $357

      $475

      $3.88

      $432

      $575

      Preschool

      $2.50

      $315

      $420

      $3.38

      $338

      $450

      $3.00

      $340

      $453

      School

      $2.50

      $330

      $440

      $3.10

      $330

      $440

      $3.35

      $372

      $495

      Special Needs

      $2.75

      $338

      $450

      $3.50

      $413

      $550

      $3.65

      $440

      $586

      Zip Codes for Group Area C: Balance of State, Other State Zips

      97001

      97020

      97021

      97026

      97029

      97032

      97033

      97037

      97039

      97040

      97050

      97054

      97057

      97063

      97065

      97101

      97102

      97130

      97136

      97137

      97144

      97145

      97147

      97324

      97329

      97335

      97342

      97345

      97346

      97347

      97350

      97358

      97359

      97360

      97364

      97368

      97369

      97375

      97384

      97388

      97390

      97396

      97406

      97409

      97410

      97411

      97412

      97407

      97413

      97414

      97416

      97417

      97419

      97425

      97427

      97428

      97429

      97430

      97432

      97433

      97434

      97435

      97436

      97437

      97438

      97439

      97441

      97442

      97443

      97447

      97449

      97450

      97451

      97453

      97458

      97460

      97461

      97462

      97463

      97464

      97466

      97467

      97468

      97469

      97472

      97473

      97476

      97480

      97481

      97484

      97486

      97488

      97490

      97491

      97492

      97493

      97494

      97495

      97496

      97497

      97498

      97499

      97522

      97523

      97526

      97527

      97530

      97531

      97532

      97533

      97536

      97537

      97538

      97539

      97540

      97541

      97543

      97544

      97601

      97603

      97604

      97620

      97621

      97622

      97623

      97624

      97625

      97626

      97627

      97630

      97632

      97633

      97634

      97635

      97636

      97637

      97638

      97639

      97640

      97641

      97710

      97711

      97712

      97720

      97721

      97722

      97730

      97731

      97732

      97733

      97734

      97735

      97736

      97737

      97738

      97739

      97740

      97741

      97742

      97750

      97751

      97752

      97753

      97754

      97758

      97761

      97810

      97814

      97817

      97818

      97819

      97820

      97821

      97822

      97823

      97824

      97825

      97826

      97827

      97828

      97830

      97831

      97833

      97834

      97835

      97836

      97837

      97838

      97839

      97840

      97841

      97842

      97843

      97844

      97845

      97846

      97848

      97850

      97856

      97857

      97859

      97861

      97862

      97864

      97865

      97867

      97868

      97869

      97870

      97871

      97872

      97873

      97874

      97875

      97876

      97877

      97880

      97882

      97883

      97884

      97885

      97886

      97901

      97902

      97903

      97904

      97905

      97906

      97907

      97908

      97909

      97910

      97911

      97913

      97914

      97918

      97919

      97920

       

       

  5. Except to the extent provided otherwise in section (12) of this rule, this section establishes the ERDC eligibility standard and the client's copayment (copay).

    1. The ERDC eligibility standard is met for need groups (see OAR 461-110-0630) of eight or less if monthly countable income (see OAR 461-001-0000) for the need group is less than 185 percent of the federal poverty level (FPL), as described in OAR 461-155-0180(6). The eligibility standard for a need group size of eight applies to any need group larger than eight.

    2. The minimum monthly ERDC copay is $25.

    3. For filing groups (see OAR 461-110-0310) whose countable income is at or below 50 percent of the 2007 FPL, the copay is $25 or 1.5 percent of the filing group's monthly countable income, whichever is greater.

    4. For filing groups whose countable income is over 50 percent of the 2007 FPL, the copay amount is determined with the following percentage of monthly income:

      1. Determine filing group's countable income as a percent of FPL (rounding to the nearest hundredth of the percentage), subtract 50, and multiply this difference by 0.12.

      2. Add 1.5 to the amount in paragraph (A) of this subsection. This sum is the percentage of monthly income to determine the copay amount.

    5. The 2007 federal poverty level used to determine copay amounts under subsections (c) and (d) of this section is set at the following amounts:

      Number in Family

      Gross Monthly Income

      Gross Yearly Income

      2

      $1,141

      $13,690

      3

      1,431

      17,170

      4

      1,721

      20,650

      5

      2,011

      24,130

      6

      2,301

      27,610

      7

      2,591

      31,090

      8

      2,881

      34,570

      9

      3,171

      38,050

      10

      3,461

      41,530

      +1

      $  290

      $3,480

  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:

    1. The monthly rate provided in section (4) of this rule.

    2. 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:

    1. The amount billed by the provider or providers.

    2. 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:

    1. In the ERDC and TANF programs, the total payable hours of care in a month may not exceed:

      1. 125 percent of the number of hours necessary for the client to perform the duties of his or her job, or to participate in activities included in a case plan (see OAR 461-001-0025) including, for clients in the JOBS Plus program, the time the client searches for unsubsidized employment and for which the employer pays the client; or

      2. 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 client meets the criteria for extra hours under section (10) of this rule.

    2. In the ERDC program, for a client 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). The limitation of this subsection is waived for the first three months of the client's employment.

    3. In the TANF program, for a client 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 client's employment.

  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:

    1. The amount billed by the provider or providers; or

    2. 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 client has special circumstances. For the purposes of this section, a client has special circumstances when it is necessary for the client to obtain child care in excess of 215 hours in a month to perform the requirements of his or her employment or training. This is limited to the following situations:

    1. The commute time to and from work exceeds two hours per day.

    2. The caretaker works an overnight shift and care is necessary for both work hours and sleep hours.

    3. The caretaker works a split shift and it is not feasible to care for the child between shifts.

    4. The caretaker consistently works more than 40 hours per week.

    5. Weekend work or other nonstandard work hours require care by more than one provider, and the total allowable hours billed by both providers exceeds the maximum limit.

    6. The caretaker needs child care for both full-time work and participation in Department assigned activities.

  11. The payment available for care of a child who meets the special needs criteria described in subsection (1)(e) of this rule is increased in accordance with OAR 461-155-0151 if the requirements of both of the following subsections are met:

    1. The child requires significantly more direct supervision by the child care provider than normal for a child of the same age; and

    2. 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.

  12. Starting May 1, 2012:

    1. The minimum monthly ERDC copay is $27.

    2. Except as stated in subsection (a) of this section, the Department adds 10 percent to the monthly client co-payment amount set under section (5) of this rule.

  13. A provider caring for a child in a contracted child care slot with the Department will be paid the lesser of the monthly rate provided in section (4) of this rule or the amount charged by the provider.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 412.006, 412.049
Stats. Implemented: ORS 409.010, 409.610, 411.060, 411.070, 412.006, 412.049

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