OAR 411-440-0030: General Eligibility and Exits for the Children's Extraordinary Needs (CEN) Program

(1) A child may not be denied services or otherwise discriminated against on the basis of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, age, disability, source of income, duration of Oregon residence, or other protected classes under federal and Oregon Civil Rights laws. (2) Initial and ongoing determinations of eligibility for the CEN Program are the sole responsibility of the Department. (3) To be eligible for the CEN Program, a child must meet all of the following requirements: (a) Be an Oregon resident who meets the residency requirements in OAR 461-120-0010. (b) Be determined eligible for developmental disabilities services by the Community Developmental Disabilities Program of the county of origin according to OAR 411-320-0080; or be enrolled in, or on, the waitlist for the Medically Involved Children's Waiver or the Medically Fragile Model Waiver Program as described in OAR chapter 411, division 300. (c) Be receiving a Medicaid Title XIX benefit package through Oregon Supplemental Income Program-Medical (OSIPM) or Health Systems Division medical programs. (d) Be determined to meet a Level of Care as defined in OAR 411-317-0000. (e) Be assigned to the highest service group due to their very high medical or very high behavioral needs according to a current and valid Oregon Needs Assessment. (f) Be receiving services in the child's family home. (4) A child must be exited from the CEN Program if: (a) The child turns 18 years of age. (b) The child no longer meets the eligibility requirements described in section (3) of this rule. (c) Monthly case management contact by a services coordinator, as described in OAR 411-415-0090(1), is not accepted. (d) The child's parent is not employed by a provider agency to provide attendant care for their child 90 calendar days after the child is enrolled in the CEN Program. The Department may extend this time period when the Department determines there is good cause. (e) The parent provider does not deliver attendant care to their child for 90 consecutive days. The Department may extend this time period when the Department determines there is good cause. (f) The child enters a residential program, except as described in section (6) of this rule. (5) When a child is being exited from the CEN Program because the child no longer meets the eligibility requirement described in section (3)(e) of this rule, the child may remain in the CEN Program until the end of the month following the month in which a functional needs assessment determines the child is no longer assigned to the highest service group with very high medical or very high behavioral needs. (6) A child whose parent voluntarily withdraws their child from the CEN Program to enroll the child in a residential program, may return to the CEN Program until the end of the month following the month the child entered the residential program. (7) NOTIFICATION OF PLANNED ACTION. Prior to a child exiting from the CEN Program, the Department shall provide a written advance Notification of Planned Action (form 0947) as described in OAR 411-318-0020. (8) HEARINGS. (a) A hearing is addressed according to ORS chapter 183 and OAR 411-318-0025. (b) A parent may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025.