justicedao/ipfs_state_laws huggingface dataset:
414-210-0230 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 414-210-1030, 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 leaving 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 414-210-0230 (1). If the 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0235 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0240 Caregiver Records A provider must maintain a current personnel record for any substitute provider, in paper or electronic format, which includes: (1) 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 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; (2) Current pediatric CPR and first aid training certification; (3) Current food handler certification, prior to serving or preparing food; and (4) Evidence of participation in an orientation. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0250 Program Records A provider must maintain the following program records, either in paper or electronic format: (1) The current day’s attendance for each child in care as defined in OAR 414-210-0400(1). 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) Documentation of any substitute provider caring for children, including their name, date providing care, and arrival and departure times. (3) Written reports of injuries as identified in OAR 414-210-1020(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, 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 record 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 prevention such as dates of drills. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0255 Record Retention and Access (1) The following records must be kept for one (1) year: (a) After their initial creation for identified Program Records in OAR 414-210-0250; (b) After termination of employment for identified Caregiver Records in OAR 414-210-0240; (c) After termination of care for documentation of parent permissions listed in OAR 414-210-0230; (d) After termination of care for identified Children’s Records in OAR 414-210-0220; and (e) After initial creation, vehicle records identified in OAR 414-360-1230(2). (2) A provider must make all records required by these rules available to CCLD at all times. (3) A provider must have at least one caregiver on site who can access any records that are stored in paper or electronic formats. (4) Electronic records, including but not limited to Children’s Records and current day’s attendance, must be portable for use during an emergency evacuation. (5) If using electronic records, a provider must have procedures in place to ensure prompt access, including an on- or off-site electronic back-up method to ensure access in the event of data loss. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0260 Items Available for Review (1) A provider must display the following near the entrance, or in some other area of the home where they may be clearly viewed by parent(s) and caregivers of children in care: (a) The most current registration issued by CCLD; (b) All serious valid complaints and serious non‐compliance letters for 12 calendar months from the date of the letter; (c) A notice of any current or pending legal sanctions posted immediately and while in effect, including throughout any appeal period; (d) The DELC website [www.oregon.gov/DELC] and phone number [1-800-556-6616], and a statement advising parents that they can access information about their child care provider on the child care safety portal; and (e) A notice that the items listed in (3) of this rule are available. (2) A provider shall display a floor plan identifying the locations of the following near the entrance, or in some other area of the home where they may be clearly viewed by all individuals responsible for evacuation procedures: (a) Exits; (b) Primary evacuation routes; (c) Secondary evacuation routes; and (d) Fire extinguishers. (3) A provider must have the following items available in a prominent and frequently visited location for the parents and public to view: (a) The most recent CCLD inspection and rules for registration of child care homes are available upon request; (b) The most recent water test results summary provided by CCLD (also see OAR 414-210-0820, Water Supply and Plumbing); (c) Information on how to report a complaint to CCLD regarding registration requirements; (d) The Oregon Child Abuse and Neglect Hotline number and requirement to report suspected abuse or neglect; (e) A notice that parents must be permitted access to their child and all child care areas while their child is in care. Advance notice is not required. (f) The provider’s behavior and guidance policy; (g) Emergency numbers to include 9-1-1, where available, or local law enforcement, local mental health crisis line, fire department, and ambulance service; and (h) A plan to ensure that any visitor or other adult not enrolled or conditionally enrolled in the CBR does not have unsupervised access to children. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0300 General Caregiver Requirements (1) A provider must ensure that all caregivers, volunteers and household members who have supervised or unsupervised access to child care children: (a) Comply with registration rules; (b) Recognize and act to correct hazards to physical safety, both indoors and outdoors; (c) Demonstrate good judgment as evidenced by responsible behavior that reasonably ensures the health and safety of children; and (d) Have not consumed nor are under the influence of any substance that impairs their ability to care for children. “Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. (2) A provider and any caregiver must: (a) Be physically capable of performing duties related to child care; (b) Relate to children with courtesy, respect, acceptance, and patience; (c) Demonstrate realistic expectations for behavior based on the age, abilities, and needs of children; (d) Recognize and respect the uniqueness and potential of all children, their families, and their cultures; (e) Report suspected abuse, neglect, and exploitation in accordance with Oregon law (also see OAR 414-210-0270, Notifications); and (f) Have the required training and experience for the position they are filling. (3) A provider must ensure that any person who has demonstrated behavior that could endanger the health, safety or wellbeing of a child is not on the premises during child care hours and is not allowed access to children in care. Residents of the home are considered to have access to the child care children even if they are not generally at home during hours of operation. (4) Any caregiver known or appearing to have a child care‐restrictable disease, as defined in OAR 333‐019‐0010, a symptom of physical illness as described in OAR 414-210-1010(1)(b)(A) through (K), or a mental incapacity that poses a threat to the health or safety of children shall be relieved of their duties. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0320 Duties and Qualifications of the Provider (1) A provider is responsible for: (a) Maintaining compliance with all registered family child care rules and all conditions placed on the registration; and (b) Supervision of children in care. (2) A provider must: (a) Be at least 18 years of age; (b) Have competence, sound judgement and self-control when working with children; (c) Be mentally, physically, and emotionally capable of performing duties related to child care; and (d) Meet initial training requirements identified in OAR 414-210-0370(1). (3) The provider or a substitute provider must be on the premises during all hours of operation. (4) The provider must have no other employment, paid or unpaid, either in or out of the home, during hours child care children are in care. (5) A registered family substitute provider must: (a) Be at least 18 years of age and enrolled in the CBR; (b) Meet Orientation and Initial training requirements (See OAR 414-210-0370(3)); (c) Be familiar with the registration requirements; (d) Have access to all records required for registration; and (e) Be authorized and able to correct deficiencies. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0370 Orientation and Initial Training (1) When a person submits a new application for registration as a registered family child care, CCLD shall, prior to approving the registration, receive evidence from the applicant that the person has completed: (a) Introduction to Registered Family Child Care Part I and Part II; (b) Introduction to Child Care Health & Safety Training; (c) A minimum of two hours of training on child abuse and neglect that is specific to Oregon law; (d) Safe Sleep for Oregon’s Infants; (e) Current certification in pediatric CPR and first aid. CPR training must have practical hands-on instruction. CPR courses that involve an on-line component with hands-on instruction may be accepted. Strictly on-line CPR training is not acceptable; (f) Foundations for Learning child development training; and (g) Current Oregon’s food handler’s certification. (2) The provider’s Oregon food handler’s certification and pediatric CPR and first aid certification must remain current while the registration is active . (3) A provider must ensure that prior to having unsupervised access to children, substitute providers: (a) Receive an orientation. An orientation must include, but is not limited to: (A) A review of the rules for registered family child care homes; (B) The written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures and responding to medical emergencies, illness and injuries, allergic reactions, and other incidents; (C) The prevention and control of infectious diseases; (D) Building and premises safety including identification and protection from hazards such as electrical hazards, bodies of water, and vehicular traffic; (E) The handling and storage of hazardous materials and the appropriate disposal of bodily fluids; (F) Safe sleep practices, prevention of shaken baby syndrome, abusive head trauma, and child maltreatment; (G) The provider’s policies, as required under OAR 414-210-0200, Policies; and (H) Procedures for reporting suspected child abuse or neglect. (b) Complete the following: (A) Introduction to Child Care Health and Safety; (B) A minimum of 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law; (C) Safe Sleep for Oregon's infants; (D) Current certification in pediatric CPR and first aid within the first 90 days of hire. On-line CPR training is only acceptable if it includes hands-on instruction. Pediatric CPR and first aid certification must be kept current while working in the registered family child care home; (E) Foundations for Learning child development training; and (F) Obtain an Oregon food handler’s certification prior to preparing and serving food and/or bottles. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0380 Ongoing Training When a provider submits a renewal application, CCLD shall, prior to approving it, receive evidence from the provider that the provider has: (1) A current certification in pediatric CPR and first aid. CPR training must have practical hands-on instruction. CPR courses that involve an on-line component with hands-on instruction may be accepted. Strictly on-line CPR training is not acceptable; (2) A current Oregon food handler certification pursuant to ORS 624.570; and (3) During the two years preceding the license renewal date, a provider must complete at least 10 clock hours of formal training or education related to child care. (a) At least 6 clock hours of the 10 hours of training must be in child development; (b) At least 1 clock hour of training in the Core Knowledge Category (CKC) of health, safety, and nutrition (HSN) in the first 12 months of the licensing period; and (c) An additional 1 hour in CKC of HSN completed in the second 12 months of the licensing period. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0385 Training Criteria (1) A provider and any other caregivers must have an active account with ORO. Caregiver training must meet the following requirements: (a) Be approved by ORO; and (b) Be at least 1 hour in duration. (2) The following core knowledge categories (CKCs) are accepted for the child development and early childhood education requirement: Diversity, Family and Community Systems, Human Growth and Development, Health Safety and Nutrition, Learning Environments and Curriculum, Observation and Assessment, Special Needs, and Understanding and Guiding Behavior. (3) During subsequent years of licensure, caregivers may count the following repeated training as part of the 10 clock hours of training: (a) 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law but only every 3 years; and (b) A Set 2 (intermediate) or Set 3 (advanced) training as described by ORO can be repeated once, provided it was not taken within the previous 2 years. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0400 Children in Care (1) A provider may care for a maximum of 10 children. This includes: (a) All child care children, as defined in OAR 414-210-0100(9); (b) The provider’s own children, including foster children, age 9 years or younger; (c) Any other children age 12 years or younger for whom the provider is responsible; and (d) Any child(ren) age 17 years or younger, including the provider’s own children, foster children, child care children or other children for whom the provider is responsible, with special needs or disabilities who require a level of care that is above normal for the child’s age. (2) Of the 10 children in care, a provider may care for: (a) A maximum of six children preschool age or younger, of which only two children may be under 24 months of age. (b) Four school-age children, in addition to the six children preschool-age or younger. (c) More school-age children if there are fewer than six children preschool-age or younger, as long as there are no more than 10 children in the home at any one time. (3) Other children, including but not limited to relatives, neighborhood children or friends of the provider's children, are included in the maximum number of 10 children allowed in care if present in the child care home during operating hours on a regular basis or if present on an occasional basis without being directly supervised by the child’s parent or other adult who is not also caring for child care children. (4) No child younger than 6 weeks of age can be in care in a registered family child care home. This does not include the provider's child(ren). Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0500 Supervision (1) The provider or substitute provider must ensure that children have the full attention of caregivers at all times who must: (a) Be aware of what each child is doing; (b) Be near enough to children to assist and respond when needed; (c) Be within sight or sound of children at all times, without relying on audio or video devices. Children out of direct visual contact shall be monitored regularly and frequently and must be in approved activity areas; (d) Be physically present when there are children under the age of 36 months playing outside; and (e) Be physically present when kindergarten-age or younger children are playing outside, unless the outside play area is fully fenced and hazard free. (2) A provider must provide sufficient light in any room where children are napping or resting so that caregivers can clearly see each child’s face from any point in the room. (3) Background noise (e.g. music, sound machine, white noise machine) must not be so loud as to prevent a caregiver from being able to respond to the needs of the children. (4) When the caregiver is in a separate room from children, doors shall be kept open wide enough so the caregiver can easily step into the room to do frequent audio and visual checks of the children. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0510 Creating a Healthy Climate for Children (1) When communicating or interacting with children, a provider must maintain an environment for healthy, culturally responsive child development. Examples of this may include: Giving encouragement and positive feedback, modeling active listening and respectful communication, speaking to children at their eye level, giving kind greetings and goodbyes, validating feelings and ideas, using a calm and encouraging tone of voice, and being curious about the individuality of every child and family. (2) A provider must encourage positive interactions between children. Examples of this may include: modeling social skills and empathy, helping children understand the feelings of others, providing support to children who find it difficult to make friends, and encouraging play between children of all abilities and backgrounds. (3) When lifting or moving a child, caregivers must do so in a manner that provides safety and comfort for the child. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0520 Daily Routine & Activities (1) A provider must give the children’s needs first priority, ensuring they get adequate care and attention. (2) Immediate attention shall be given to the emotional and physical needs of the children. (3) A provider must follow a consistent daily routine that allows for flexibility to respond to the needs of the individual children and group of children. (4) The daily routine must include: (a) Regular activities such as eating, napping, and toileting; (b) A balance of active and quiet activities; (c) Individual choice time and group activities; and (d) Daily indoor and outdoor activities. (5) A provider must not provide or allow children preschool-age or younger to have more than 5 hours of screen time per week. School-age children may not be provided or allowed more than 10 hours of screen time per week. (a) Screen time is defined as time spent using electronic devices, including, but not limited to computers, television, tablets, phones and game consoles but does not include assistive or adaptive technology for children with disabilities. (b) Usage times may be extended for physical activity guidance, special events, projects (i.e., coding lessons), distance/online learning, and homework. (c) All media exposure must be developmentally and age appropriate, non-violent, and culturally sensitive. (6) A provider must ensure daily outdoor play for each child, regardless of age, provided weather and environmental conditions do not pose a health or safety risk. (7) There must be activities for children according to their ages, interest, abilities and cultures. Children’s activities must include opportunities for movement, gross and fine motor, pretend play, art, and literacy. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025