2.2 Eligible Children and Families

At eligibility determination or redetermination, children must (1) be younger than age 13; (2) reside with a family whose income does not exceed 85 percent of the State's median income (SMI) for a family of the same size and whose family assets do not exceed $1,000,000; and (3)(a) reside with a parent or parents who are working or attending a job training or educational program (which can include job search) or (b) receive, or need to receive, protective services as defined by the Lead Agency. 2.2.1 Eligibility criteria: age of children served Lead Agencies may provide child care assistance for children less than 13 years of age, including continuing to provide assistance to children if they turn 13 during the eligibility period. In addition, Lead Agencies can choose to serve children up to age 19 if those children are unable to care for themselves. a. Does your Lead Agency serve the full federally allowable age range of children through age 12? [x] Yes. [ ] No. If no, describe the age range of children served and the reason why you made that decision to serve less than the full range of allowable children. Note: Do not include children incapable of self-care or under court supervision, who are reported below in 2.2.1b and 2.2.1c. b. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are physically and/or mentally incapable of self-care? [ ] No. [x] Yes. i. If yes, the upper age is (may not equal or exceed age 19): 18.00 ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: A child meets the Special Needs requirement when they require a level of care over and above the norm for their age due to physical, behavioral, or mental disability. The disability must be verified by a medical professional or the receipt of SSI. c. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are under court supervision? [ ] No. [x] Yes. If yes, and the upper age is (may not equal or exceed age 19): 18.00 d. How does the Lead Agency define the following eligibility terms? i. “residing with”: A member of the household that generally lives together with or without the benefit of a dwelling. If a child lives with different caretakers during the month, they are a member of both households. Individuals are not residing in the same household where a landlord-tenant relationship exists. An individual may be absent from the household for 30 days or more and still be in the household if the individual is absent because of education, training, or employment including long-haul truck driving, fishing, or active duty in the U.S. armed forces, if they are absent to care for an emergent need of an individual related to illness, injury or death, or if they are reasonably anticipated to return within 90 days. This includes caretakers who are in residential alcohol or drug treatment for up to 90 days. (Oregon Administrative Rule 414-175-0015) ii. “in loco parentis”: In place of the parent; may include a stepparent, foster parent, guardian, or legal guardian who is responsible for the care, control, and supervision of a child. 2.2.2 Eligibility criteria: reason for care Lead Agencies have broad flexibility on the work, training, and educational activities required to qualify for child care assistance. Lead Agencies do not have to set a minimum number of hours for families to qualify for work, training, or educational activities, and there is no requirement to limit authorized child care services strictly based on the work, training, or educational schedule/hours of the parent(s). For example, the Lead Agency can include travel or study time in calculating the amount of needed services. How does the Lead Agency define the following terms for the purposes of determining CCDF eligibility? a. Identify which of the following activities are included in your definition of “working” by checking the boxes below: i. [x] An activity for which a wage or salary is paid. ii. [x] Being self-employed. iii. [ ] During a time of emergency or disaster, partnering in essential services. iv. [ ] Participating in unpaid activities like student teaching, internships, or practicums. v. [x] Time for meals or breaks. vi. [x] Time for travel. vii. [ ] Seeking employment or job search. viii. [x] Other. Describe: Families are considered eligible for child care subsidy services if they are on leave from work or school due to medical leave to care for themselves or a child in their home. They may or may not be receiving income at the time of application. b. Identify which of the following activities are included in your definition of “attending job training” by checking the boxes below: i. [x] Vocational/technical job skills training. ii. [x] Apprenticeship or internship program or other on-the-job training. iii. [x] English as a Second Language training. iv. [x] Adult Basic Education preparation. v. [x] Participation in employment service activities. vi. [x] Time for meals and breaks. vii. [x] Time for travel. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [x] Time for outside class study or completion of homework. x. [x] Other. Describe: Training required in order to maintain current employment is considered job training and can be covered by child care hours authorized for the employment. Families receiving TANF services may qualify for ERDC based upon their activities, which may include job training. c. Identify which of the following diplomas, certificates, degrees, or activities are included in your definition of “attending an educational program” by checking the boxes below: i. [x] Adult High School Diploma or GED. ii. [x] Certificate programs (12-18 credit hours). iii. [x] One-year diploma (36 credit hours). iv. [x] Two-year degree. v. [x] Four-year degree. vi. [x] Travel to and from classrooms, labs, or study groups. vii. [x] Study time. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [x] Time for outside class study or completion of homework. x. [x] Applicable meal and break times. xi. [x] Other. Describe: For teen parents aged 20 and below, completion of high school diploma and/or GED through high school or secondary school. For those age 21 and higher or for pathways outside of high school diploma and/or GED, coursework must lead to job-related knowledge or skills attainment at an institution of higher education approved to receive federal financial aid. d. Does the Lead Agency impose a Lead Agency-defined minimum number of hours of activity for eligibility? [x] No. [ ] Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: [ ] Work. Describe: [ ] Job training. Describe: [ ] Education. Describe: [ ] Combination of allowable activities. Describe: [ ] Other. Describe: e. Does the Lead Agency allow parents to qualify for CCDF assistance based on education and training without additional work requirements? [x] Yes. [ ] No. If no, describe the additional work requirements: f. Does the Lead Agency extend eligibility to specific populations of children otherwise not eligible by including them in its definition of “children who receive or need to receive protective services?” Note: A Lead Agency may elect to provide CCDF-funded child care to children in foster care when foster care parents are not working or are not in education/training activities, but this provision should be included in the Lead Agency’s protective services definition. [ ] No. If no, skip to question 2.2.3. [x] Yes. If yes, answer the questions below: Provide the Lead Agency’s definition of “protective services” by checking below the sub-populations of children that are included: [ ] Children in foster care. [ ] Children in kinship care. [ ] Children who are in families under court supervision. [ ] Children who are in families receiving supports or otherwise engaged with a child welfare agency. [ ] Children participating in a Lead Agency’s Early Head Start - Child Care Partnerships program. [ ] Children whose family members are deemed essential workers under a governor-declared state of emergency. [ ] Children experiencing homelessness. [ ] Children whose family has been affected by a natural disaster. [x] Other. Describe: Families receiving Temporary Assistance for Needy Families (TANF) benefits are eligible for child care coverage via CCDF regardless of qualifying activities, to provide more stability to very low-income families at risk of extreme poverty and to support work, training, education, and family well-being activities as a whole. Children in these families are considered in our definition of 'children who receive or need to receive protective services,' a change that occurred in July 2023. g. Does the Lead Agency waive the income eligibility requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [x] No. [ ] Yes. h. Does the Lead Agency waive the eligible activity (e.g., work, job training, education, etc.) requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [x] Yes. i. Does the Lead Agency use CCDF funds to provide respite care to custodial parents of children in protective services? [x] No. [ ] Yes. 2.2.3 Eligibility criteria: deciding entity on family income limits How are income eligibility limits established? [x] There is a statewide limit with no local variation. [ ] There is a statewide limit with local variation. Provide the number of income eligibility tables and describe who sets the limits: [ ] Eligibility limits are established locally only. Provide the number of income eligibility tables and describe who sets the limits: [ ] Other. Describe: 2.2.4 Initial eligibility: income limits a. Complete the appropriate table to describe family income limits. i. Complete the table below to provide the statewide maximum income eligibility percent and dollar limit or threshold: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 6071.00 56.10 3407.00 3 7500.00 57.40 4304.00 4 8928.00 58.20 5200.00 5 10357.00 58.90 6097.00 ii. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [x] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (non-CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: b. Complete the table below if the Lead Agency has local variation in the maximum income eligibility limit. Complete the table for the region/locality with the highest eligibility limit, region/locality with the lowest eligibility limit, and the region/locality that is most populous: i. Region/locality with the highest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 ii. Region/locality with the lowest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 iii. Region/locality that is most populous: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 iv. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [ ] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (not CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above 85% SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: c. How does the Lead Agency define “income” for the purposes of eligibility at the point of initial determination? Check all that apply: i. [x] Gross wages or salary. ii. [x] Disability or unemployment compensation. iii. [x] Workers’ compensation. iv. [x] Spousal support, child support. v. [x] Survivor and retirement benefits. vi. [x] Rent for room within the family’s residence. vii. [x] Pensions or annuities. viii. [x] Inheritance. ix. [x] Public assistance. x. [x] Other. Describe: Other countable income sources as outlined in Oregon Secretary of State Administrative Rule 414-175-0035. d. What is the effective date for these income eligibility limits? 03/01/2024 e. Income limits must be established and reported in terms of current SMI based on the most recent data published by the Bureau of the Census, even if the federal poverty level is used in implementing the program. What federal data does the Lead Agency use when reporting the income eligibility limits? [x] LIHEAP. If checked, provide the publication year of the LIHEAP guideline estimates used by the Lead Agency: 2024 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. https://www.acf.hhs.gov/ocs/policy-guidance/liheap-im-2024-02-federal-poverty- guidelines-and-state-median-income-estimates 2.2.5 Income eligibility: irregular fluctuations in earnings Lead Agencies must take into account irregular fluctuations in earnings in initial eligibility determination and redetermination processes. The Lead Agency must ensure that temporary increases in income, including temporary increases that can result in a monthly income exceeding 85 percent of SMI from seasonal employment or other temporary work schedules, do not affect eligibility or family co-payments. Check the processes that the Lead Agency uses to take into account irregular fluctuations in earnings. i. [x] Average the family’s earnings over a period of time (e.g., 12 months). Identify the period of time 12 months for occasions of irregular fluctuations in earnings. ii. [x] Request earning statements that are most representative of the family’s monthly income. iii. [x] Deduct temporary or irregular increases in wages from the family’s standard income level. iv. [x] Other. Describe the other ways the Lead Agency takes into account irregular fluctuations in earnings: Income too infrequently or irregularly to be reasonably anticipated or received as a one-time payment is considered lump sum income and is excluded from income calculations. 2.2.6 Family asset limit a. When calculating income eligibility, does the Lead Agency ensure each eligible family does not have assets that exceed $1,000,000? [x] Yes. [ ] No. If no, describe: b. Does the Lead Agency waive the asset limit on a case-by-case basis for families defined as receiving, or in need of, protective services? [x] No. [ ] Yes. If yes, describe the policy or procedure: 2.2.7 Additional eligibility criteria Aside from the eligibility conditions or rules which have been described in 2.2.1 – 2.2.6, is any additional eligibility criteria applied during: a. [x] Eligibility determination? If checked, describe: Priority processing allows families experiencing homelessness who apply for child care assistance to start receiving benefits immediately. It allows families applying for care for a foster child to qualify immediately. The caretaker will initially self-report income and work hours. Once the case is open the caretaker has 45 days to supply the required verification. When the immunization requirement is not met, families are given 45 days to show they are moving forward with gaining the appropriate immunizations, medical/non-medical exemption. An interview is not required if a family qualifies for priority processing because they are experiencing houselessness or have a current foster child in need of care. b. [x] Eligibility redetermination? If checked, describe: Priority processing can be applied at recertification if a family reapplied late for benefits, after their case had already closed. Typically, it is not needed for families who reapply on time. The recertification process begins 45 days in advance of their 12-month certification period ending when they receive the notice of recertification. This is typically sufficient time for families to obtain the required verification, and therefore would not receive a benefit from priority processing. 2.2.8 Documentation of eligibility determination Lead Agencies must document and verify that children receiving CCDF funds meet eligibility criteria at the time of eligibility determination and redetermination. Check the information that the Lead Agency documents and verifies at initial determination and redetermination and describe what information is required and how often. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant identity. Describe how you verify: This is verified by ODHS, the agency responsible for determining eligibility. Verifying identity is confirmed through any of the following photo ID, other identification, wage stubs, birth certificate, or other documentation. [x] [x] Applicant’s relationship to the child. Describe how you verify: The Lead Agency does not require a relationship to the child receiving subsidy, only that the applicant has care and control of the child needing care. Self-attestation is accepted unless another caretaker is claiming the child for other program benefits. Required at Initial Determination Required at Redetermination Description [x] [x] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: A child’s information is verified at initial application and reviewed at redetermination. Immigration status, a child must be a citizen or meet immigration status requirements. The agency accepts self-attestation for those claiming to be a US born citizen or an undocumented status. Other citizenship or immigration statuses will require a review of the birth certificate, lawful permanent residency card, certificate of naturalization, or other documentation. No further verification is needed when a change in status is reported. For children enrolled in programs subject to Head Start Performance standards and supported by both Head Start funds and CCDF, parents can submit verification of Head Start enrollment in lieu of other documentation. For children in contracted programs, a Head Start Eligibility checklist could be used as verification. [x] [x] Work. Describe how you verify: Work and/or job training is verified by wage stubs, employer letter, W-2 forms, online sources, or by a phone conversation with the employer at certification, redetermination, and when the family reports a reduction in income to lower the family copayment. Federal work study is verified by wage stubs and financial aid award letter at certification and redetermination. Additional verification may be requested if the client requests an adjustment in benefits during their certification or a new member joins the filing group. [x] [x] Job training or educational program. Describe how you verify: Student status is verified by school registration, current class schedule, and federal financial aid award letter. The financial aid award letter or https://studentaid.gov/fafsa-app/FSCsearch is used to verify the institution is approved to receive federal financial aid. This is verified at certification, redetermination, or mid- certification if a family requests additional subsidy hours to cover school. For caretakers age 20 or younger they can participate in any High School or GED completion program and are not limited to attending an institution approved to receive federal financial aid. Required at Initial Determination Required at Redetermination Description [x] [x] Family income. Describe how you verify: Wage stubs, award letters, employer letters, tax documentation, self- employment records, and online sources are used to verify family income. [x] [x] Household composition. Describe how you verify: ODHS checks household composition at certification and recertification by accepting client statement. If it appears questionable, other documentation may be requested including rental agreements, parenting time plans, divorce decrees, school records, other program benefits and online sources. [x] [x] Applicant residence. Describe how you verify: Applicant residence is self-reported at application. [ ] [ ] Other. Describe how you verify: N/A 2.2.9 Exception to TANF work requirements Lead Agencies must ensure that families with young children participating in TANF will be informed of their right not to be sanctioned under the TANF work requirement if the custodial parent has a demonstrated inability to obtain child care for a child under age six, in accordance with Section 407(e)(2) of the Social Security Act. a. Identify the TANF agency that established these criteria or definitions: Oregon Department of Human Services b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Both the provider and place where care is provided meet the Lead Agency’s health, safety, and provider requirements defined in administrative rules. The care must accommodate the parent’s work or school schedule, and the care meets the specific needs of the child such as age, developmental needs, and special needs requirements. ii. “Reasonable distance”: The parent’s total travel time from home to the child care provider and the workplace, school or JOBS activity site will be no more than one hour either way unless a longer commute time is customary in the community. iii. “Unsuitability of informal child care”: The Oregon Department of Human Services requires informal child care providers to meet health and safety standards outlined in the Lead Agency’s rules, including background checks. Care that does not meet the criteria in ￿appropriate child care’ would be considered unsuitable. iv. “Affordable child care arrangements”: Those where expense to the parent is less than 10% of the family’s income. c. How are parents who receive TANF benefits informed about the exception to the individual penalties associated with the TANF work requirements? i. [x] In writing ii. [ ] Verbally iii. [ ] Other. Describe: