OAR 414-175-0023: Requirement to Establish a Child Care Need and Hours Authorizations

(1) The following is required to establish a child care need: (a) Except for as described in (2) below, every caretaker in the filing group must meet one of the following requirements: (A) Receive income from employment. This includes self-employment and employment through a work study program. (B) Participate in education hours, either through: (i) 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; or (ii) Participation in a high school education or general equivalency diploma (GED) program. To be eligible under this subparagraph the caretaker must be twenty (20) years of age or younger. (C) Be on medical leave from current employment or education. (b) Except for as described in (2) below, if there are multiple caretakers required to be in the filing group, and one of them does not meet any of the criteria in section (1)(a) above, that caretaker is considered available to provide child care, making the filing group ineligible, except in the following situations: (A) The adult is physically or mentally unable to provide adequate child care. This must be verified pursuant to 414-175-0024. (B) Confirmation is received from the Office of Child Welfare Programs that supervised contact is required between the child and the adult. (2) If a child or caretaker is Categorically Eligible for ERDC benefits in accordance with OAR 414-175-0025, sections (1), (3), and (4) of this rule do not apply and the copay is waived. (3) When child care is covered and when copays are waived or reduced (a) The cost of dependent child care may be paid for by the Department (is covered) when dependent child care is necessary for the caretaker to perform the caretaker’s job duties or complete educational hours, including study time. (b) The cost of dependent child care is not covered by the Department when free care is available, such as during school hours for school-age children, unless a child is not attending in-person schooling and is instead participating in distance learning in the following circumstances:. (A) Due to medical concerns with the child, a member of the child’s household, or a family member with whom the child has frequent contact; or (B) Due to mental health concerns specific to the child. (c) Child care is not covered if the nature of the work of the caretaker does not make it necessary for a person other than the caretaker to provide the care. Child care is not covered during a period of time when: (A) The nature of the work allows the caretaker to provide the care without significantly affecting the work; (B) The caretaker provides child care in a residence, unless the provider is a certified family home under OAR 414-350-0000 to 414-350-0400 or certified center under OAR 414-305-0100 to 414-305-1620. (C) The caretaker works for a provider of child care in a residence, unless the provider is a certified family child care home under OAR 414-350-0000 to 414-350-0400 or is a certified center under OAR 414-305-0100 to 414-305-1620. (d) The cost of dependent child care may continue to be paid for by the Department (is covered) during the certification period with no change to the authorized child care hours or copay amount subject to the following provisions: (A) When a reduction in work hours occurs, the copay may be adjusted. (B) When a job loss occurs: (i) When a caretaker has a permanent job loss from all employment the copay is waived for: (I) The remainder of the certification period if there are three or more months remaining in the period; or (II) For up to three months for instances where job loss occurred in months 10 through 12 of the certification period. (ii) The waiver ends if the caretaker becomes employed. (iii) Any reason a caretaker is experiencing job loss is a “good cause” reason and qualifies a caretaker for authorized work search. (C) For military transition: (i) When a caretaker who is a discharged U.S. military member returns from active duty in a military war zone, the copay is waived for up to six months starting the month after the military member returns home. (ii) The copay waiver ends at the end of the six month period if the caretaker becomes employed. The copay waiver ends before the end of the six month period if the caretaker returns to active duty. (D) Under this section child care may be used for work, work search, education hours, military transition activities, or other activities to maintain a part-time or full-time slot at a child care facility. (e) In the ERDC program the cost of dependent child care may be paid for by the Department (is covered) at the beginning of the certification period or may continue to be paid for by the Department (is covered) with no change to the authorized child care hours if the caretaker is on medical leave from current employment or education during the certification period. Medical leave includes a Caretaker on leave due to their own condition or to care for a child in the Filing Group. (A) When a Caretaker is on medical leave the reason for the leave must be verified including diagnosis and prognosis under OAR 414-175-0024, except that parental leave may be authorized for up to three calendar months without medical documentation. (B) When a caretaker is on medical leave during the certification period and meets section (1) of this rule, the copay is waived starting the month after medical leave begins. The copay waiver: (i) May not go beyond the last day of the certification period, subject to OAR 414-175-0011. (ii) Ends at the end of the medical leave period, unless the caretaker is still on medical leave or requires extended parental leave and new verification is received prior to the end of the month noted on the original documentation, or for parental leave without medical documentation, prior to the end of third calendar month. (f) When a caretaker is on medical leave at the time of initial application or certification, and meets subsection (1) of this rule, the copay may be waived. The copay waiver: (A) May not go beyond the last day of the certification period, subject to OAR 414-175-0011. (B) Ends at the end of the medical leave period, unless the caretaker is still on medical leave or requires extended parental leave and new verification is received prior to the end of the month noted on the original documentation, or for parental leave without medical documentation, prior to the end of the third calendar month. (4) The cost of dependent child care may be paid for (is covered) by the Department, only if all the following are true: (a) The child is a member of the benefit group and is in the care, control, and custody of an individual in the group. (b) The provider of child care is not in the filing group. (c) The provider of child care is not a parent of a child in the filing group. (5) Child Care Hours Allowances (a) Unless otherwise specified below, child care hours are determined as follows: (A) When the allowable child care need totals 20 or fewer weekly hours of dependent child care, 20 weekly hours are allowed. (B) When the allowable child care need totals more than 20 but no more than 40 weekly hours of dependent child care, 40 weekly hours are allowed. (C) When the allowable child care need totals more than 40 weekly hours, up to 75 weekly hours are allowed. (D) In addition to the weekly hours allowed in paragraphs (5)(a)(A) through (cC), above, study hours will be allowed as follows: (i) 5 weekly hours for a caretaker who spends less than 12 hours a week in education settings. (ii) 10 weekly hours for a caretaker who spends 12 or more hours a week in education settings. (b) For a need group that has been determined Categorically Eligible for ERDC or under Expanded Child Welfare (EXP CW) in accordance with OAR 414-175-0025, child care hours are determined as follows: (A) 20 weekly hours of child care are allowed. (B) A caretaker may request additional weekly child care hours. The caretaker must state a reason for needing additional weekly child care hours. Additional child care hours may be authorized in accordance with subsections (5)(a)(B) and (C) above, except for the following: (i) To secure access to a child care facility requiring a child to be in care for more than 25 weekly hours;. (ii) When a caretaker reports the additional hours are needed due to inconvenient drop off or pick up times; or (iii) To secure overnight care when the caretaker is not participating in overnight activities. (c) In addition to the hours allowance provided in (5)(a) or (b) above, a need group receives 25% of the weekly hours allowance each week for the purposes of travel or commuting. (d) Monthly hours allowances are calculated by multiplying the need group’s weekly hours allowance by 4.3.