461-155-0150    Temporary Effective 01/01/13 through 06/30/13
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 18 months.

   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 18 months 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. Medical documentation per 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 Child Care Division.

   4. The Certified Family Rate applies to child care provided in a residential dwelling that is certified by the Child Care Division 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 Child Care Division 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 Child Care Division.

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;

      2. The absent child's place is not filled by another child; and

      3. 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	$2.64	$493	$3.53	$675
      Toddler	$2.64	$466	$3.41	$671
      Preschool	$2.64	$440	$2.89	$529
      School	$2.64	$436	$3.23	$524
      Special Needs	$2.64	$493	$3.53	$675

      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	$2.85	$399	$532	$3.83	$574	$765
      Toddler	$2.85	$378	$504	$3.65	$570	$760
      Preschool	$2.85	$356	$475	$3.27	$449	$599
      School	$2.85	$353	$470	$3.66	$445	$593
      Special Needs	$2.85	$399	$532	$3.83	$574	$765

      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	$420	$560	$4.25	$645	$860	$4.50	$675	$900
      Toddler	$3.00	$398	$530	$4.00	$559	$745	$3.90	$671	$894
      Preschool	$3.00	$375	$500	$4.00	$516	$688	$3.85	$529	$705
      School	$3.00	$371	$495	$4.00	$450	$600	$4.30	$524	$698
      Special Needs	$3.00	$420	$560	$4.25	$645	$860	$4.50	$675	$900

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

      97004	97005	97006	97007	97008	97009	97010	97013	97015	97019	97022	97023
      97024	97027	97028	97030	97031	97034	97035	97036	97041	97045	97055	97060
      97062	97064	97068	97070	97080	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	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	$2.20	$400	$2.96	$473
      Toddler	$2.20	$396	$2.91	$467
      Preschool	$2.20	$374	$2.34	$356
      School	$2.20	$352	$2.34	$345
      Special Needs	$2.20	$400	$2.96	$473

      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	$2.38	$324	$432	$3.17	$380	$506
      Toddler	$2.38	$321	$428	$3.11	$375	$500
      Preschool	$2.38	$303	$404	$2.65	$303	$404
      School	$2.38	$285	$380	$2.65	$293	$391
      Special Needs	$2.38	$324	$432	$3.17	$380	$506

      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	$2.50	$341	$455	$3.00	$371	$495	$3.60	$446	$595
      Toddler	$2.50	$338	$450	$3.00	$345	$460	$3.52	$431	$575
      Preschool	$2.50	$319	$425	$3.00	$338	$450	$3.12	$356	$475
      School	$2.50	$300	$400	$2.65	$375	$500	$3.12	$345	$460
      Special Needs	$2.50	$341	$455	$3.00	$371	$495	$3.60	$446	$595

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

      97002	97011	97014	97017	97038	97042	97044	97048	97049	97051	97053	97056
      97058	97067	97071	97103	97107	97108	97110	97111	97114	97115	97117	97118
      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	97336	97338	97341	97343	97344	97348	97352	97355	97357	97362	97365
      97366	97367	97370	97372	97374	97377	97378	97380	97381	97383	97385	97386
      97389	97391	97415	97420	97423	97424	97426	97431	97444	97446	97448	97452
      97456	97465	97470	97487	97489	97501	97502	97503	97504	97524	97534	97535
      97756	97759	97760	97801	97812

   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	$2.20	$374	$2.64	$421
      Toddler	$1.98	$352	$2.28	$421
      Preschool	$1.76	$348	$1.93	$312
      School	$1.76	$348	$1.93	$312
      Special Needs	$2.20	$374	$2.64	$421

      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	$2.38	$303	$404	$2.99	$351	$468
      Toddler	$2.14	$285	$380	$2.55	$344	$458
      Preschool	$1.90	$281	$375	$2.13	$252	$336
      School	$1.90	$281	$375	$2.13	$251	$334
      Special Needs	$2.38	$303	$404	$2.99	$351	$468

      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	$2.50	$319	$425	$2.50	$375	$500	$3.52	$413	$550
      Toddler	$2.25	$300	$400	$2.50	$300	$400	$3.00	$404	$539
      Preschool	$2.00	$296	$395	$2.25	$300	$400	$2.50	$296	$395
      School	$2.00	$296	$395	$2.40	$300	$400	$2.50	$270	$360
      Special Needs	$2.50	$319	$425	$2.50	$375	$500	$3.52	$413	$550

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

      97001	97016	97018	97020	97021	97026	97029	97032	97033	97037	97039	97040
      97050	97054	97057	97063	97065	97101	97102	97121	97130	97136	97137	97144
      97145	97147	97324	97329	97335	97342	97345	97346	97347	97350	97358	97360
      97364	97368	97369	97375	97384	97388	97390	97392	97394	97396	97406	97407
      97409	97410	97411	97412	97413	97414	97416	97417	97419	97425	97427	97428
      97429	97430	97432	97434	97435	97436	97437	97438	97439	97441	97442	97443
      97447	97449	97450	97451	97453	97457	97458	97459	97461	97462	97463	97464
      97466	97467	97469	97472	97473	97476	97479	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	97741	97750	97751	97752	97753	97754	97758	97761
      97810	97813	97814	97817	97818	97819	97820	97823	97824	97825	97826	97827
      97828	97830	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	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	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.

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

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