justicedao/ipfs_state_laws huggingface dataset:
414-330-0200 Definitions (1) “Applicant” means a person, business entity, or governing body who submits the Micro-Center Pilot Program application. (2) “CACFP” means the Child and Adult Care Food Program. (3) "Capacity" means the total number of children in care at the facility or in care away from the facility at any one time. (4) "Child Care" means the care, supervision, and guidance on a regular basis of a child, unaccompanied by a parent, guardian, or custodial parent, during a part of the 24 hours of the day, with or without compensation. (5) “CCLD” means Child Care Licensing Division, Department of Early Learning and Care. (6) “Department” or "DELC" means the Department of Early Learning and Care. (7) “License” means a certification or registration issued by the Department. (8) “Micro-Center” means a child care program selected and approved pursuant to these rules that is located inside a residential or nonresidential facility that on a regular basis serves a minimum of three and a maximum of 30 children for more than four hours a day. (9) “Participant” means an applicant, as defined by these rules, approved to participate in the Micro-Center Pilot Program. (10) “Technical Assistance” means consultation and advice given to participants to assist them in sustaining the micro-center model. Statutory/Other Authority: section 1, chapter 374, Oregon Laws 2023 Statutes/Other Implemented: section 1, chapter 374, Oregon Laws 2023 History: DELC 60-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 17-2024, adopt filed 03/27/2024, effective 04/01/2024
414-330-0300 Program Eligibility Criteria To be considered for eligibility to participate in the Micro-Center Pilot Program, applicants must: (1) Hold an active license administered by the Department; (2) Serve a minimum of three children and have a maximum licensed capacity of 30 children; and (3) Provide child care for more than four hours a day. Statutory/Other Authority: section 1, chapter 374, Oregon Laws 2023 Statutes/Other Implemented: section 1, chapter 374, Oregon Laws 2023 History: DELC 61-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 17-2024, adopt filed 03/27/2024, effective 04/01/2024
414-330-0400 Application Process (1) An applicant must submit an original and complete application on forms, either paper or electronic format, provided by the Department. (2) Applications will be: (a) Reviewed beginning two weeks (14 days) after opening recruitment. (b) Scored based on priority criteria (OAR 414-330-0500(b)(A)-(D)) and the order in which the application was received. (3) Applications will be reviewed on a first come first served basis until three (3) applicants have been selected pursuant to OAR 414-330-0500; been notified of their selection; and confirmed in writing that they will participate in the pilot program. (a) An applicant selected for participation must confirm participation in the micro-center pilot program within five (5) business days of being notified of their selection. (b) The application of an applicant who does not confirm participation in the micro-center pilot program within five (5) business days of being notified of their selection will not be reviewed again unless resubmitted. A resubmitted application is considered received on the date it is resubmitted. Statutory/Other Authority: section 1, chapter 374, Oregon Laws 2023 Statutes/Other Implemented: section 1, chapter 374, Oregon Laws 2023 History: DELC 62-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 17-2024, adopt filed 03/27/2024, effective 04/01/2024
414-330-0500 Program Selection Criteria & Participation (1) The Department will select three (3) applicants to participate in the Micro-Center Pilot Program as follows: (a) Select one applicant from each of the following geographic areas, as defined by the Department: (A) The Oregon coast; (B) Eastern Oregon; and (C) The Willamette Valley. (b) Priority will be given to applicants: (A) Located in communities that have the greatest need for child care, as determined by the Department; (B) Approved to receive ERDC payments; (C) Enrolled or willing to enroll in CACFP; and (D) Holding satisfactory child care and Central Background Registry compliance history, as determined by the Department. (2) The Department may select an applicant that does not meet the priority criteria listed in OAR 414-330-0500(1)(b)(A) through (D) if deemed necessary to conduct the pilot. (3) The Department shall notify applicants of their selection and make available any applicant participation and reporting requirements, including but not limited to: (a) Interviews with DELC staff; (b) Surveys; (c) Meetings with relevant community partners; (d) On-site visits by Department staff; and (e) An exit interview upon completion of the micro-center pilot program or applicant’s withdrawal. (4) If a selected applicant withdraws from the micro-center pilot program, the Department will select another applicant from the applicant pool if there are more than 6 months remaining in the pilot. Statutory/Other Authority: section 1, chapter 374, Oregon Laws 2023 Statutes/Other Implemented: section 1, chapter 374, Oregon Laws 2023 History: DELC 63-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 17-2024, adopt filed 03/27/2024, effective 04/01/2024
414-330-0600 Program Guidelines (1) The Department will identify exceptions to existing rules for which the intent of the rule may be met in a micro-center in a manner other than as set forth in the applicable rules for the participant’s license type and will develop guidelines for how the micro-center can meet the intent in the alternate manner under the exceptions. (2) A participant must apply for the exceptions identified by the Department and agree to follow the guidelines for meeting the intent of each rule for which an exception is requested. (3) The Department may remove a participant from the Micro-Center Pilot Program if the participant does not apply for the exceptions identified by the Department, does not follow the guidelines for meeting the intent of the rule in an alternate manner, unless the participant is otherwise in compliance with the rule excepted to. Statutory/Other Authority: section 1, chapter 374, Oregon Laws 2023. Statutes/Other Implemented: section 1, chapter 374, Oregon Laws 2023. History: DELC 64-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 17-2024, adopt filed 03/27/2024, effective 04/01/2024
414-360-0110 Purpose (1) A certified family child care home is defined as a child care facility that is certified to provide child care for a number of children up to the maximum capacity in a residential setting. (2) The purpose of OAR 414-360-0100 through OAR 414-360-1620 is to protect the health, safety, and wellbeing of children when cared for outside their own homes by providing requirements for inspecting, certifying, monitoring and otherwise regulating care in a certified family child care home. (3) An individual may not operate a certified family child care home without a valid certification issued by CCLD, unless providing care not requiring a license as provided in OAR 414-075-0250. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0140 Issuance of Certification (1) Upon receipt of a completed application, a certified family child care will be evaluated by a representative of CCLD to determine if it meets all certification requirements. (2) CCLD will issue a regular certified family child care certification when the home is determined to be in compliance with all of these rules. For a certified family child care, a regular certification is valid for no more than 12 months. (3) CCLD will issue a temporary certified family child care certificate when the home is determined to be in compliance with most of these rules, CCLD has not identified deficiencies that are hazardous to children, and the provider demonstrates an effort to be in full compliance. (a) CCLD may issue a temporary certified family child care certification when a renewal application is submitted less than 30 days prior to the certification expiration date or in response to an initial application. (b) A certified family child care may not operate under a temporary certification for more than 180 days in any 12‐month period. (c) CCLD may deny an initial or renewal application or revoke a temporary certificate if deficiencies continue while the temporary certification is in effect. (4) A certified family child care may not operate after expiration or revocation of a temporary certification unless a prior regular certification is active due to a renewal application submitted more than 30 days before the regular license expiration date. (5) The license will be issued in the name of the provider. A provider is limited to one certificate at one address. (6) For certified family child care, an owner: (a) Who has no regular caregiving duties, may own any number of certified family child care homes. (b) Who is the provider at one home, may be the owner of only one additional home. (c) Can be the provider at two certified family child care homes when: (A) Both homes are licensed for 12 or fewer children; and (B) The minimum hours on-site caring for children (see OAR 414-360-0320(2)) are met at each home. (7) A certified family child care certificate cannot be transferred to any other location or to another organization or individual. (8) Only one certified family child care certificate will be issued at one address. (9) A provider must request in writing to CCLD any changes in the conditions of the license such as ages of children served, capacity, changes in room use, or hours of operation. A provider must receive approval and, if applicable, a reissued license from CCLD before operating with the changes. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0160 Exceptions to Rules (1) A provider may request an exception to a rule on a form provided by CCLD for a specified period of time when: (a) A requirement does not apply to the certified family child care home; or (b) The intent of the requirement can be met by a method not specified in the applicable rule. (2) An exception request must include: (a) A justification for the requested exception; and (b) An explanation of how the provider will meet the intent of the rule. (3) An exception request will not be granted: (a) If the requirement is established by state statute or federal law; or (b) If the health, safety, and well‐being of the children cannot be ensured. (4) A provider must remain in compliance with the rule as written until CCLD approves the exception request. (5) In certain circumstances, a provider may be granted an ongoing exception that will be reviewed annually to confirm the provider is in compliance with all exception requirements. (6) Each exception request is unique to the applicable certified family child care and is evaluated on its own merits. The granting of an exception to a rule does not set a precedent. (7) CCLD may withdraw approval of an exception at any time, to ensure the health, safety and well‐being of the children. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0200 Policies (1) A provider must have written information and policies identified in OAR 414-360-0200(2)(a) through (i) and provide them to: (a) Caregivers and volunteers at the time of hire and when policies change; and (b) Parents at the time of a child’s enrollment and when policies change. (2) A provider must provide the following written information to parents, caregivers, and volunteers: (a) Name, business address, and business telephone number of the person(s) who has immediate responsibility for the daily operation of the home; (b) Arrival and departure procedures, including sign-in and out requirements and individuals authorized for pick-up; (c) Parent responsibilities for providing current required information and what parents are expected to provide; (d) Emergency preparedness and response plan (also see OAR 414-360-0210, Emergency Preparedness and Response); (e) Standard precautions to handle potential exposure to blood and other potentially infectious fluids (see OAR 414-360-0850(7)); (f) Information on transportation, when provided by the certified family child care; (g) Behavior and guidance policy; (h) Prevention of and duty to report suspected child abuse and neglect; and (i) Night care, if provided. (3) As required by state and federal civil rights laws and the Americans with Disabilities Act (ADA), a provider cannot discriminate against any child on the basis of race, religion, color, national origin, gender, marital status of parent, or because of a need for special care. (a) Suspected violations will be reported to the overseeing agency, with whom CCLD may share any information available to it. (b) CCLD may deny an initial or renewal application or revoke a certification if a provider is determined to have discriminated in violation of this requirement by any authority with jurisdiction to make the determination. (4) A provider’s decision whether to provide or continue care for a child known to have specific needs must be made after an individualized assessment is completed. The assessment must be based on information from parents, professionals who are knowledgeable about the child’s care needs, and certified family child care caregivers. The assessment must be documented for each child and must include: (a) Reasonable accommodations the provider made to support the individual child’s participation in the program, or an explanation of why the provider could not make reasonable accommodations; (b) Reasonable modifications the provider made to their policies and practices to fully integrate the child into the program or an explanation of why the provider could not make reasonable modifications; and (c) If applicable, any direct threats to the health and safety of others posed by the child’s presence at the home. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0220 Children’s Records (1) A provider must obtain the following information for each child, in paper or electronic format, prior to the first day of attendance that includes a parent’s signature: (a) The child’s name, date of birth, and home address; (b) Date child entered care; (c) Name(s), home and business address(es) and telephone number(s) of the custodial parent(s) or legal guardian(s); (d) Name and contact information of the person to be called in an emergency if the parent(s) cannot be reached; (e) Name and telephone number of person(s) to whom the child may be released; (f) The name and telephone number of the school that the child attends, if applicable; (g) Name and telephone number of child's medical provider(s) or emergency care facility, if known; (h) Immunization record or exemption as required by OAR 414-360-0225 Immunizations); (i) Authorization to obtain emergency medical care and to transport the child for emergency medical treatment; (j) Developmental and health history of any problems that could affect the child's participation in child care; (k) A written care plan for any child with a specific need as described in OAR 414-360-1050. The written care plan must be readily accessible to caregivers caring for the individual child; and (l) Verification that parents have received a copy of the provider’s policies. (2) A provider must ensure that all children’s records are immediately accessible to caregivers during hours of operation for use in an emergency or for children with chronic health issues or specific care needs. (3) A provider must ensure that all children’s records are kept current at all times. A provider must have the parent or guardian review, update, and sign or initial the enrollment form at least annually. (4) A provider must permit parents, upon request, to review records and reports concerning the parent’s own children, with the exception of child abuse and neglect reports. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0225 Immunizations (1) A provider must comply with Oregon Health Authority’s administrative rules (see OAR 333-050-0040) relating to the immunization of children. If a child is enrolled in a public or private elementary school, immunizations are not required to be documented by the child care facility. (2) A provider may provide care for children who are in foster care or experiencing homelessness while parents/guardians are taking necessary actions to comply with immunization requirements of the certified family child care. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0230 Parental Permissions (1) A provider must have the following current permissions from parent(s) when applicable: (a) Documentation of permission for a person not listed in the child’s records to pick up the child; (b) Signed and dated permission for each medication, prior to administration, that includes: (A) The child’s name; (B) The name of and the reason for the medication; (C) The dosage, dates, and times to administer the medication, and how the medication will be given; and (D) Whether the medication needs to be refrigerated. (c) For chronic medical conditions, a provider may obtain permission for 12 months or less with specific instructions including when administration is needed, such as diaper cream and inhalers (also see OAR 414-360-1030, Medications). (d) Prior to transporting a child, a provider must have the following information: (A) The child’s name; and (B) A specific pick-up and drop-off plan that addresses the location, times, and transfer of supervision. (e) Prior to a school-age child arriving or eaving the facility on their own. (f) Permission to bathe a child, if necessary. (g) Prior to a field trip or other activity away from the immediate neighborhood. (h) Prior to a child participating in a high risk activity, such as swimming or mountain biking, and share a safety plan with parents. (i) Prior to using photographs or recordings of the child publicly (e.g. social media, advertisements). (2) If a family served by a provider is experiencing homelessness, the provider must make efforts to follow OAR 414-360-0230 (1). If a provider is unable to acquire written parental permissions, permissions may be received verbally, when documented by the provider, or electronically, such as through a text message or e-mail. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0235 Arrival and Departure (1) A provider must require that any person bringing a child to the home remain with the child until the child is accepted by a caregiver. (2) A provider may only release a child to a parent or another person named and identified by the parent(s). A person picking up the child must show identification if not known to the caregiver. (3) Except as excluded by a court order, parents must be permitted access to their child and all child care areas while their child is in care. Advance notice is not required. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0240 Caregiver Records A provider must maintain a current personnel record for each caregiver, in paper or electronic format, which includes: (1) Evidence of education and qualifying work experience showing that the person meets the qualifications for the position; (2) The CBR confirmation letter sent from CCLD to the provider. If the provider does not yet have a CBR confirmation letter for the caregiver, the provider must have written documentation that the provider has verified with CCLD that the caregiver is enrolled in the CBR and linked to the home. Documentation must include the date, time, and name of the CCLD staff member the provider spoke with; (3) Current pediatric CPR and first aid training certification; (4) Current food handler certification, prior to serving or preparing food; (5) Evidence of participation in an orientation; and (6) A statement signed and dated by the caregiver showing they have access to the provider’s policies and the rules for the Certification of Certified Family Child Care Homes. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0250 Program Records A provider must maintain the following program records, either in paper or electronic format: (1) The current day’s attendance record for each child care child as defined in OAR 414-360-0400(1). All caregivers must have access to the attendance records to determine which children are in care during their work shift, changes in caregivers, and emergency evacuations. The daily attendance record must include: (a) The child’s full name; and (b) Times recorded as children arrive and depart so that the record shows the children in attendance at any given time. (2) Daily caregiver attendance records to include: (a) The caregiver’s name; and (b) Times recorded as caregivers arrive and depart, so that the record shows the caregivers in attendance at any given time. (3) Written reports of injuries as identified in OAR 414-360-1020(1); (4) A visitor log to document all adults, excluding persons authorized to drop off and pick up a child, that includes name, relationship to home (e.g., volunteer, vendor, guest, landlord, etc.), and recorded time in and out of the home. (5) Documentation of the administration of any medication that includes: (a) The child’s name; (b) Medication administered; (c) The date and time when medication was administered; (d) The dosage or amount of medication administered; and (e) Any side effects exhibited by the child. (6) Written records of suspected child abuse and neglect reports made to the Department of Human Services Child Welfare or law enforcement. (7) Written records regarding emergency preparedness and fire protection, such as dates of drills. (8) Current week’s menu, with substitutions recorded. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 8-2025, amend filed 12/10/2025, effective 01/01/2026 DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025