1. (1) Subject to section (3) of this rule, a child or caretaker and their associated need group are categorically eligible for ERDC benefits if:

   1. (a) A child care need is established through an application in accordance with OAR 414-175-0005, and

   2. (b) The following factor is true for a child or a caretaker in a need group:

      1. (A) The individual is determined eligible for Temporary Assistance for Needy Families (TANF) benefits; or

      2. (B) The individual is determined eligible for Expanded Child Welfare (EXP CW) based on the use of Child Welfare protective services in Oregon in one or more of the following situations:

         1. (i) Currently receiving Child Abuse Prevention services;
         2. (ii) Currently receiving or has received Family Reunification services in the last 12 months;
         3. (iii) Currently receiving Foster Care services;
         4. (iv) Currently receiving Subsidized Guardianship services; or
         5. (v) Currently participating in Family Support Services program.
2. (2) Subject to section (3) of this rule, any family receiving TANF JOBS child care support services for care provided in June of 2023, pursuant to OAR 461-160-0193, shall be determined categorically eligible for ERDC benefits on July 1, 2023; a family does not need to comply with OAR 414-175-0005.

3. (3) Categorical eligibility for ERDC requires ongoing compliance with the following federal Child Care Development Fund requirements:

   1. (a) Until May 1, 2024, children in the Need Group must meet the immigration or legal status requirements in OAR 414-175-0021 and the age requirements in OAR 414-175-0022;
   2. (b) The filing group must certify that they do not exceed the resource limit;
   3. (c) The filing group must meet the income limits in OAR 414-175-0050, except for filing groups categorically eligible under Expanded Child Welfare (EXP CW); and
   4. (d) A Need group not willing to show verification that immunization requirements in accordance with OAR 414-175-0024 have been met for the child is not eligible for ERDC benefits.

Statutory/Other Authority

ORS 329A.500

Statutes/Other Implemented

ORS 329A.500

History

DELC 5-2025, amend filed 06/25/2025, effective 07/01/2025
DELC 139-2024, amend filed 12/11/2024, effective 01/01/2025
ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023