Or. Admin. Code § 411-440-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 411-440-0050 - Service Requirements, Limitations, and Exclusions for the Children's Extraordinary Needs (CEN) Program

(1) The Department shall only reimburse a provider agency for the delivery of attendant care described in OAR 411-450-0060(2) by a parent provider.

(2) A provider agency may not be paid using Department funds for the delivery of attendant care by a parent provider in any of the following circumstances:

(a) During the hours available to a client child at the public school where the client child is or could be enrolled, except:

(A) When the client child is temporarily absent from school due to surgery or illness; or

(B) When a school district places the client child on an abbreviated school day program; or

(C) When the client child has been expelled or suspended.

(b) Due to a parent's choice to have the client child attend public or private school for fewer hours than the regular instructional hours of the child's assigned public school.

(c) For activities that do not meet the definition of attendant care, including homeschooling, tutoring, or that are a supplement to the public, private, or homeschool education of a client child.

(d) While simultaneously caring for or supervising a child under 10 years old or a vulnerable person of any age who requires physical care and monitoring. For the purpose of this rule, "vulnerable person" means a person who requires physical care and monitoring who is:

(A) 65 years of age or older;

(B) Financially incapable as defined in ORS 125.005;

(C) Incapacitated as defined in ORS 125.005; or

(D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion, or physical or emotional injury because of the person's physical or mental impairment.

(e) During the course of activities not for the primary benefit of the client child, such as:

(A) Grocery shopping for the parent provider's household.

(B) Housekeeping not required for the disability-related support needs of the client child.

(C) Remote work or the operation of a home business.

(D) Transporting individuals other than the client child to activities or appointments.

(f) When any condition described in OAR 411-450-0050(8) is present.

(g) The child is 18 years old or older.

(3) A parent provider may not act as a client child's legal or designated representative in connection with the provision of Department-funded supports.

(4) A child may not be enrolled in the CEN Program while enrolled in a residential program.

(5) A child's legal or designated representative who authorizes the child's ISP is required to participate in monthly case management contact as described in OAR 411-415-0090(1).

(6) A child's legal or designated representative must permit at least two case management contacts per ISP year, separated by no fewer than 90 calendar days, to occur in person with the child.

Or. Admin. Code § 411-440-0050

APD 19-2024, temporary adopt filed 04/30/2024, effective 5/1/2024 through 10/27/2024; APD 60-2024, adopt filed 10/25/2024, effective 10/25/2024

Statutory/Other Authority: ORS 409.050, 427.104, 427.191 & 430.662

Statutes/Other Implemented: ORS 409.010, 427.007, 427.101, 427.104, 427.191, 430.215, 430.610 & 430.662