Or. Admin. R. 413-090-0010

Current through Register Vol. 63, No. 9, September 1, 2024

Section 413-090-0010 - Authorized Payments

(1) Family Foster Care.

(a) Shelter care payment. The Department reimburses a certified family a shelter care payment on behalf of a child or young adult during the first 20 days of substitute care in a certified family home after the Department has obtained physical or legal custody of the child or young adult. The daily shelter care payment is:

(A) $39.38 for a child 5 years or younger;

(B) $39.55 for a child 6 through 12 years of age; and

(C) $41.49 for a child or young adult 13 through 20 years of age.

(b) Base rate payment. The Department reimburses a resource parent and relative resource parent a base rate payment on behalf of a child or young adult in the Department's physical or legal custody when a child or young adult is placed in the certified family's home.

(A) Payment is made monthly or prorated for a portion of a month, when the base rate payment is for less than all days in the month, and made after the month in which the care has been provided.

(B) The base rate payment starts on day 21 of a child's placement in substitute care and includes the day the child or young adult enters the home, but excludes the day the child or young adult leaves the home.

(C) The base rate payment amount.

(i) $958.00 for a child 5 years or younger;

(ii) $963.00 for a child 6 through 12 years of age; and

(iii) $1022.00 for a child or young adult 13 through 20 years of age.

(D) The Department does not reimburse the base rate payment to a certified family when reimbursement for shelter care payment or enhanced shelter care payment applies.

(c) Enhanced shelter care payment. The Department reimburses a certified family an enhanced shelter care payment rate on behalf of a child or young adult during the first 20 days of substitute care with a certified family after a child or young adult has been in placement with a Behavior Rehabilitation Service provider and there is no current level of care payment determination applicable to the child or young adult. The daily enhanced shelter care payment is:

(A) $63.05 for a child 5 years or younger;

(B) $63.21 for a child 6 through 12 years of age; and

(C) $65.15 for a child or young adult 13 through 20 years of age.

(d) Mileage reimbursement. The Department reimburses a certified family for mileage, paid at the current Department mileage reimbursement rate paid to child welfare staff, when the certified family must provide transportation for a child or young adult in order to remain in the same school the child or young adult was attending prior to placement in substitute care.

(2) The Department issues a Chafee housing payment or an independent living housing subsidy to an eligible individual up to a maximum of the base rate payment amount for a child or young adult 13-20 years of age per month of eligibility pursuant to OAR 413-030-0400 to 413-030-0460.

(3) Level of care payment.

(a) The Department reimburses a level of care payment to a certified family on behalf of a child or young adult when the CANS screening results indicate the child or young adult has enhanced supervision needs.

(b) The initial level of care payment to a certified family begins:

(A) No earlier than the twenty first day of substitute care; or

(B) Ninety days prior to the date an initial CANS screening was approved for a child or young adult in substitute care over 111 days.

(c) A level of care payment to a certified family may commence the first day following the end of enhanced shelter care payment.

(d) A CANS rescreen level of care payment to a certified family begins the first day of the month the CANS rescreen was submitted to the Level of Care Manager for approval.

(e) The Level of Care Program Manager or the designee may approve commencing the level of care payment beyond the timeframes in subsections (b), (c) and (d) of this section when a delay in scheduling, completing, scoring or approving the CANS screening results in a potential loss or interruption of a level of care payment.

(f) A CANS screener rates each element of a child or young adult's behavior and functioning through the CANS screening on a scale of zero to three and the ratings determine whether a child or young adult meets the criteria for one of three levels of care. These ratings are determined using the following exhibits, which by this reference are incorporated into this rule:

(A) DHS 9601: Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages Birth through 5, adopted January 5, 2009, and revised in November 2017 (Exhibit 1).

(B) DHS 9602: Child and Adolescent Needs and Strengths Comprehensive Screening Tool Ages 6 through 20, adopted January 5, 2009, and revised in November 2017 (Exhibit 2).

(C) Child and Adolescent Needs and Strengths Algorithm, adopted February 9, 2009, and revised in November 2017 (Exhibit 3).

(D) The Department maintains the exhibits referenced in (f) of this section on the Department's website. Printed copies of these exhibits may be obtained by contacting the Department of Human Services, Office of Child Welfare Programs, ATTN: Level of Care Manager, 500 Summer Street NE, E93, Salem, OR 97301.

(g) The level of care payment is:

(A) $240.00 per month for Level 1 (moderate needs).

(B) $468.00 per month for Level 2 (intermediate needs).

(C) $960.00 per month for Level 3 (advanced needs).

(4) The Department reimburses a certified family an applicable base rate payment for a child of a dependent parent when both are living with the certified family unless the dependent parent receives a TANF grant under programs administered by the Department of Human Services under chapter 461 of the Oregon Administrative Rules or has other means of financial support.

(5) Child care.

(a) The reimbursement for child-care costs to a certified family on behalf of a child is authorized when:

(A) The child care is required due to the certified family's employment, or;

(B) The certified family attends college or other educational program and the child care is needed while they are attending classes. If the certified family is two certified adults, both adults must be employed or attending an educational program.

(C) If circumstances, other than (A) or (B) above, exist that necessitate child care a Child Welfare supervisor may approve child care.

(b) The child care setting must be approved by Child Welfare. Types of approved child care providers include licensed child care facilities, before and after school programs, government programs, and in-home providers that are exempt from a license requirement. Approval of an individual who is exempt from a child care license requirement must be approved as required by OAR 413-200-0281.

(c) Child care reimbursement may be authorized for a child up to the age of 12. Child care reimbursement may be authorized for a child or young adult older than the age of 12 if supervision is required and the reimbursement is approved by a Child Welfare Supervisor.

(d) Authorization for the reimbursement for child-care services must be documented on the Child Welfare Foster Parent or Relative Caregiver Child Care Authorization.

(e) The amount of the child care reimbursement to the certified family must not exceed $375 per child per month.

(f) Child care reimbursements must not be made once an Adoption Assistance or Guardian Assistance agreement is in place.

(g) Child care reimbursements may be made on behalf of a child or young adult placed by Child Welfare in another state under the ICPC, or placed in Oregon under the ICPC in an Oregon child welfare certified home, if the sending state does not provide child care assistance.

(h) Child care reimbursements may be made on behalf of a child or young adult placed in a home certified by a tribe, who otherwise qualifies, if Child Welfare has custody of the child or young adult.

(6) Payments prohibited. The Department must not authorize a maintenance payment for the care of a child or young adult to more than one certified family per day.

(7) A payment by the Department under this rule is inalienable by any assignment or transfer and exempt from execution, levy, attachment, and garnishment under the laws of the state of Oregon.

Or. Admin. R. 413-090-0010

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 2-1999, f. & cert. ef. 3-5-99; SOSCF 20-1999, f. 9-15-99, cert. ef. 9-20-99; CWP 9-2003, f. & cert. ef. 1-7-03; CWP 20-2003(Temp), f. & cert. ef. 1-31-03 thru 7-30-03; CWP 27-2003, f. & cert. ef. 7-31-03; CWP 34-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 4-28-04; CWP 7-2004, f. & cert. ef. 4-1-04; CWP 20-2006(Temp), f. & cert. ef. 10-13-06 thru 4-10-07; CWP 5-2007, f. 3-30-07, cert. ef. 4-1-07; CWP 28-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 10-2008, f. 6-27-08, cert. ef. 6-28-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 9-2009(Temp), f. & cert. ef. 8-12-09 thru 12-28-09; CWP 10-2009(Temp), f. & cert. ef. 9-1-09 thru 12-28-09; CWP 11-2009(Temp), f. & cert. ef. 9-25-09 thru 12-28-09; CWP 21-2009, f. & cert. ef. 12-29-09; CWP 12-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 28-2011, f. 11-3-11, cert. ef. 11-4-11; CWP 13-2015, f. & cert. ef. 8-4-15; CWP 15-2017, temporary amend filed 11/16/2017, effective 11/17/2017 through 05/15/2018; CWP 30-2017, temporary amend filed 12/31/2017, effective 01/01/2018 through 05/15/2018; CWP 39-2018, amend filed 04/26/2018, effective 04/26/2018; CWP 40-2018, temporary amend filed 04/26/2018, effective 05/01/2018 through 10/27/2018; CWP 41-2018, temporary amend filed 04/30/2018, effective 05/01/2018 through 10/27/2018; CWP 80-2018, temporary amend filed 07/09/2018, effective 07/09/2018 through 10/27/2018; CWP 109-2018, temporary amend filed 09/20/2018, effective 09/20/2018 through 10/27/2018; CWP 112-2018, amend filed 10/24/2018, effective 10/24/2018; CWP 32-2019, temporary amend filed 08/01/2019, effective 08/01/2019 through 01/27/2020; CWP 49-2019, amend filed 10/25/2019, effective 11/01/2019; CWP 123-2020, amend filed 04/09/2020, effective 04/15/2020; CWP 124-2020, temporary amend filed 04/15/2020, effective 04/15/2020 through 10/11/2020; CWP 139-2020, amend filed 09/28/2020, effective 9/28/2020; CWP 27-2022, temporary amend filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 70-2023, amend filed 06/29/2023, effective 6/29/2023; CWP 94-2023, amend filed 12/22/2023, effective 1/1/2024

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 418.005, ORS 418.340 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 418.340, ORS 418.330, ORS 418.335, ORS 418.470 & ORS 418.625