justicedao/ipfs_state_laws huggingface dataset:
414-360-0630 Safe Sleep (1) In addition to safe equipment (OAR 414-360-0620), a provider must follow safe sleep practices for infants to reduce the risk of sudden unexpected infant death (SUID) as follows: (a) While sleeping, infants must be monitored frequently to ensure they are breathing, not overheated, not in distress, and do not need assistance. (b) Infants must be placed on their backs on a flat, firm, non-inclined surface for sleeping. (c) Infants who can roll from back-to-front or back-to-side may remain in the sleep position they assume. (d) Except for a plain pacifier, there must not be any items (e.g., pacifier clips, bottles, toys, pillows, stuffed animals, blankets, bumpers) in or attached to the crib, portable crib or play yard. (e) Infants must not have their heads or faces covered by items such as blankets or linens at any time. (f) There must not be any items (e.g. blankets, tents, sheets) placed over the top or on the sides of a crib, portable crib or play yard. (g) Items that may cause suffocation or strangulation such as headwear (e.g. hoods, hats, headbands), bibs, necklaces, and garments with ties or drawstrings must be removed from the infant and sleep equipment prior to laying an infant down to rest. (h) Swaddling or other clothing or covering that restricts the infant's arm or leg movement is prohibited at all times, even if the child is not sleeping. (i) Weighted blankets, weighted clothing, or other weighted objects must not be placed on or near the sleeping infant. (j) If the caregiver is engaged in an activity with child care children and is carrying a sleeping infant in a structured infant carrier, the caregiver must move the infant to a safe sleep surface as soon as the activity is finished. (k) A caregiver may hold a sleeping infant provided the caregiver can immediately observe, see, or feel any signs of distress. The caregiver must be awake, alert, and focused on the infant; and (l) If an infant arrives asleep in a car seat or falls asleep in a place other than their crib, portable crib or play yard, the caregiver must immediately move the infant to an appropriate sleep surface. (2) Alternative sleep positions may only be used with an CCLD approved exception request, which must include a medical reason and instructions from a physician. 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
414-360-0650 Diaper Changing and Toileting (1) A provider must change wet or soiled diapers promptly. Unless the child is asleep, a child’s diaper must be checked at a minimum of every 2 hours, or more frequently to meet the individual’s child’s needs. Diapers must be changed when a child exhibits behavior that suggests a wet or soiled diaper. (2) If infants and toddlers are in care there must be a diaper-changing area. If the provider is certified to care for more than 12 children and more than 8 infants and toddlers are regularly in care, there must be a second diaper-changing area available. (a) The diaper changing area must be located so that handwashing can occur immediately after diapering without contact with other surfaces or other children. (b) The diaper changing surface must be sturdy, smooth, non-absorbent, easily cleanable and free of tears or repairs. (c) The diaper changing surface must be kept free of all objects except for diapering items and not used for other purposes. (d) Children must never be left unattended on an elevated changing surface. (e) A disinfecting solution must be kept in each diaper-changing area ready for immediate use and stored out of children’s reach. (3) If a provider uses cloth or reusable diapers, the soiled diapers must: (a) Not be rinsed; (b) Be placed in a securely sealed, moisture-proof bag; (c) Be stored in a separate disposal container; and (d) Be cleaned by a commercial laundry service or given daily to the child’s parent or guardian. (4) The use of potty chairs must be approved by an environmental health specialist. 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
414-360-0660 Cleaning and Sanitizing Infant and Toddler Areas (1) A provider must clean and sanitize infant and toddler toys regularly and when soiled. (2) A provider must wash, rinse, and sanitize the following after each use: (a) Bottles and training cups, if used; and (b) High chairs, tables and chairs. (3) A provider must wash, rinse, and disinfect the following immediately after use: (a) A diaper-changing surface; (b) Toilet training seat inserts or potty chairs; (c) Bathtub or other receptable used for bathing a child; and (d) Any surface contaminated with bodily fluids. 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
414-360-0700 Behavior and Guidance (1) A provider must have a written policy on behavior and guidance of children that is simple and understandable to the child, the parent(s), and all caregivers (also see OAR 414-360-0200, Policies). (2) A provider’s behavior and guidance policy must include the use of positive guidance to help children develop self-regulation, self-direction, and respect for others through these approaches: (a) Setting and teaching simple, consistent, clear and positive rules and limits that children can understand; (b) Setting up the environment for success with engaging activities that encourage positive behavior and self-regulation; (c) Reinforcing positive behaviors with encouragement and descriptive praise; (d) Taking steps to prevent problems before they occur and explaining safe, natural and logical consequences related to a child’s behavior; (e) Helping children recognize and appropriately express their feelings and understand the feelings of others; (f) Modeling and teaching social skills such as taking turns, cooperation, waiting, treating others kindly, and problem solving; and (g) Redirecting or helping a child change their focus when necessary. (3) A provider must ensure that only caregivers shall provide guidance to a child. (4) A provider must provide guidance that is fair, consistently applied, timely, and appropriate to the behavior, age, and development of the child. (5) A provider must appropriately intervene to stop the unfair treatment of a child based on the individual child’s family, gender, race, ethnicity, economic status, ability, religion, or cultural background. Interventions may include, but are not limited to: (a) Redirecting an inappropriate conversation or behavior; (b) Being aware of situations that may involve unfair treatment of a child, responding appropriately, taking actions to prevent future occurrences; and (c) Refusing to ignore the unfair treatment. 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
414-360-0710 Prohibited Discipline and Actions A provider must not use or threaten to use any of the following prohibited actions even if requested by parents: (1) Rough or harsh handling of children or use of corporal punishment in any form, including, but not limited to hitting, spanking, slapping, shaking, swatting, throwing, jerking, pinching, biting, or other measures that produce physical pain; (2) Bind or restrict a child's movement unless permitted under OAR 414-360-0720, Physical Restraint; (3) Using unauthorized prescription or non-prescription drugs or chemicals for discipline or to control behavior; (4) Confining or isolating a child in an enclosed or darkened area (e.g., a locked or closed room, bathroom, closet, or box for punishment); (5) Withdrawing, denying or forcing food, rest, or toileting; (6) Forcing or compelling a child to eat or placing soap, food, spices, or foreign substances in the child’s mouth; (7) Exposing a child to extremes of temperature; (8) Yelling harshly or using profane or abusive language; (9) Punishing or demeaning a child for toileting accidents or refusing to eat food; (10) Allowing any form of mental or emotional punishment or verbal abuse, including but not limited to public or private humiliation, name calling, teasing, ridicule, intimidation, making derogatory or sarcastic remarks about a child's family, race, gender, religion, or cultural background, rejecting, frightening, neglecting, or corrupting a child; (11) Demanding excessive physical exercise, excessive rest, or strenuous postures; or (12) Requiring a child to remain silent or inactive or removing a child from all activities or the group for excessive periods of time. 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
414-360-0720 Physical Restraint (1) A provider may only use physical restraint if: (a) A child’s safety or the safety of others is threatened; and (b) The provider has complied with all elements of Behavior and Guidance listed in OAR 414-360-0700(2)(a) through (g). (2) Physical restraint must be: (a) Limited to holding a child as gently as possible to accomplish restraint; (b) Limited to the minimum amount of time necessary to control the situation; and (c) Developmentally appropriate. (3) A provider must not use bonds, ties, blankets, straps, or weights (including an adult sitting on a child) to physically restrain children. (4) Caregivers must discontinue the use of physical restraint if they sense a loss of their own self-control or concern for the child when using physical restraint. (5) If physical restraint is used, a provider must: (a) Report the use of physical restraint pursuant to OAR 414-360-0270, Notifications; (b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate; and (c) Document the incident in the child's file, including the date, time, duration, caregivers involved, and what happened before, during, and after the child was restrained. (6) If physical restraint is used more than once on a specific child, the provider must develop a written plan with input from individuals who have knowledge of the child’s behaviors, including, but not limited to: the child's primary care provider, mental health provider, school counselor, and the parents or guardians, to address underlying issues and reduce the need for further physical restraint. The provider must notify CCLD when a written plan has been developed. 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
414-360-0800 Home Capacity (1) A certified family child care’s licensed capacity is based on the home’s indoor activity area. (2) A provider may only care for children in activity areas approved by CCLD. (3) A provider must have CCLD approval prior to using a new room, activity area, or outdoor space to care for children. (4) A provider must not exceed the licensed capacity at any time, including the total number of children in care both at and away from the child care home. (5) If a certified family child care is certified to care for 12 children or fewer, there must be a minimum of 35 square feet of indoor activity area, as defined in OAR 414-360-0100(1), per child. If a certified family child care is certified to care for more than 12 children, there must be a minimum of 35 square feet of indoor activity area per child for 12 or fewer children and 50 square feet of indoor activity area available per child for each of the additional four children. (a) The indoor activity area considered in determining capacity must be available for use by children for child care during the hours of operation. (b) Shelves or storage for children’s materials that are accessible to children may be counted as part of the activity area. (c) The following areas shall not be counted as activity area when determining capacity: food preparation areas of the kitchen, bathrooms, heating units, storage areas, furniture not used by children and any space not usable by 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
414-360-0830 Toilets, Hand washing Sinks, and Bathing (1) A certified family child care home must have at least one flush toilet and one handwashing sink available to children at all times. (a) Toilets must be supplied with toilet paper. (b) All handwashing sinks must: (A) Have mixing faucets with both hot and cold running water. Certified family child care homes with certification in effect on September 15, 2002, shall comply with the requirement for mixing faucets when bathroom facilities are remodeled. (B) Have soap and single use towels available; and (C) Not be used for preparation of food or drinks or dish washing. (c) Easily-cleanable steps or a broad-based platform with a non-slip surface so that children can use the toilets and sinks comfortably and without adult assistance must be provided. (2) If infants and toddlers are in care there must be a bathtub, baby bathtub, plastic basin, or similar size shallow sink available for bathing 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
414-360-0850 Maintenance and Sanitation (1) The certified family child care home and grounds shall be kept clean and free of litter or rubbish and unused or inoperable equipment, and vehicles. (2) Unused appliances, such as old refrigerators or freezers, that present a risk for entrapment, must be secured so as to prevent entry. (3) A provider must keep all garbage and bodily fluids waste in non-absorbent, easily washable containers with tight-fitting lids. (a) Garbage and waste must be removed from the premises at least once a week. (b) Non-food, non-hazardous items and items that do not cause offensive odors, such as paper towels, may be disposed of separately from garbage and waste inside the home, in an uncovered container. (c) Garbage and waste containers and outdoor storage areas must be kept clean and minimize the presence of rodents, flies, roaches and other vermin. (d) Outdoor garbage storage must be inaccessible to children. (4) A provider must maintain the building, equipment, and vehicles in good repair, in a clean and sanitary condition. (a) Floors, walls, ceilings and fixtures of all rooms must be kept clean and in good repair. (b) Surfaces and objects that are frequently touched must be routinely cleaned, sanitized and disinfected. (c) The kitchen and bathrooms used for child care must be cleaned and sanitized or disinfected as needed and at least daily. (5) All toys, equipment and furniture used by children must be cleaned, rinsed and sanitized regularly and whenever soiled. (a) Water tables, similar containers, and water toys must be emptied and sanitized daily or more often if necessary. (b) Bedding must be cleaned at least weekly, or more often if soiled and before use by another child (c) Mats and cots must be cleaned and sanitized at least once a week, or more often when soiled and before use by another child. (6) A provider must keep cloths, both single use and multiple use, used for wiping food spills on utensils and food-contact surfaces clean and use them for no other purpose. Cloths that are reused must be stored in a sanitizing solution between uses and disposed of or laundered daily. (7) A provider must immediately clean up any spills of bodily fluids, such as urine, feces, blood, and vomit as follows: (a) Caregivers must use disposable, nonporous gloves when handling bodily fluids; (b) Surfaces must be cleaned and disinfected; (c) Blood-contaminated material must be disposed of in a tied or sealed plastic bag and discarded immediately; (d) Gloves must be removed immediately after use, placed in a tied, sealed, or otherwise closed plastic bag and discarded immediately; and (e) Hands must be washed after using and disposing of the gloves. 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
414-360-0900 Furniture, Equipment and Play Materials (1) A provider must ensure that furniture used by child care children is: (a) Cleanable; (b) Safely constructed and lead free, with no rough or sharp edges or loose parts; and (c) In good working condition and repair with no holes or tears; and (d) Stable or anchored. (2) A provider must ensure that furniture is child-sized or adapted for infants, toddlers, and preschool-age children’s use. (3) A provider must provide an individual bed, mat, cot, or other sleep equipment for: (a) Each toddler and preschool-age child at nap time; (b) Each school-age child who wants to rest; and (c) A child that needs to be isolated due to illness. (4) Each cot, mat, and other sleep equipment must: (a) Be durable and in good repair; and (b) Be able to be cleaned and sanitized. (5) Floor mats must be: (a) Designed for sleeping; (b) At least one inch thick; and (c) Covered in a water-resistant material. (6) A provider must ensure that each child 12 months or age and older is provided with individual bedding consisting of at least a sheet or blanket. (7) Family beds or sofas may be used with individual bedding. (8) If a child’s parent requests, siblings may share the same bed. (9) The upper level of bunk beds may only be used for children 10 years of age and older and must have a bed rail and safety ladder in place. (10) A provider must provide play equipment and materials that are: (a) Appropriate to the developmental needs, interests and abilities of the children; (b) Sturdy and free of sharp points or corners, splinters, protruding nails or bolts, loose or rusty parts, or paint that contains lead or other toxic materials; (c) Easy to clean and sanitize, or be disposable; (d) In good condition; and (e) Easily accessible to the children. (11) A provider must offer a quantity and variety of play materials (i.e., toys, books, and games) that: (a) Is sufficient to avoid competition for popular items; and (b) Provide for the variety of activities required in OAR 414-360-0520 Program Schedule & Activities; (12) Activities that include a tool that could pose a safety risk (e.g., iron, glue gun, woodworking tool) are limited to preschool and school-age children. (a) Caregivers must first instruct children in the tool’s proper use and safety measures. (b) Caregivers must be within arm’s reach of the children participating in the activity to reduce the risk of injury. (13) A provider must provide culturally and racially diverse learning opportunities within activities and materials that represent all children, families and caregivers. Examples of this may include: Diverse dolls, books, games or materials that do not reinforce stereotypes; diverse music from many cultures in children's primary languages; a balance of different ethnic and cultural groups, ages, abilities, family styles, and genders. 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
414-360-1000 Handwashing (1) Caregivers and children must wash their hands with soap and warm running water: (a) After using the toilet; (b) After diaper changing; (c) After assisting someone with toileting; (d) Before handling food; (e) Before and after eating; (f) Before assisting with feeding; and (g) When switching between working with raw foods and ready-to-eat foods. (2) Caregivers and children must either wash their hands with soap and warm running water or use hand sanitizer with alcohol content between 60-95%: (a) After wiping the nose; (b) After coughing or sneezing; (c) After outside activities; and (d) After handling pet toys or touching animals, other than dogs or cats. (3) Hand sanitizer must be stored out of reach of children. (4) Hand sanitizer must not be used on children under 24 months of age. (5) Application of hand sanitizer on older toddlers and preschool-age children must be supervised by an adult. (6) When handwashing is not possible, but required by OAR 414-360-1000(1)(a) through (g), e.g. on field trips and on the playground, moist towelettes and hand sanitizer with alcohol content between 60-95% must be used together. (7) For children who are not able to wash their own hands, caregivers may wash children’s hands with a single-use cloth rather than under running water. 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
414-360-1020 Injuries (1) A provider must complete a report of any serious injury or incident, and include: (a) The child’s full name and age; (b) The date of occurrence, time, type, circumstances, witnesses, and location at the home or off-site; (c) Time and date of notification of parents; (d) The signature of the reporting caregiver; and (e) The signature of the parent indicating that they reviewed it or received a copy of the report within 48 hours of when the incident occurred. An email or text with confirmation of receipt will count as a parent signature. (2) A provider must maintain, at a minimum, the following first aid supplies at the home, in any vehicle used to transport children in care, and for group activities away from the home: (a) Non-medicated adhesive bandages (assorted sizes); (b) Adhesive tape; (c) Sterile gauze pads (various sizes); (d) A sling, or a large triangular bandage; (e) Bottled water (for cleaning wounds or eyes); (f) Liquid handwashing soap or handwashing gel; (g) Sealed antiseptic towelettes or solution to be used as a wound cleaning agent; (h) Scissors; (i) Tweezers; (j) Disposable latex-free, powder-free gloves; (k) Plastic bags (for disposing of blood and other body fluids); (l) Mercury-free and glass-free thermometer; (m) Cold pack; (n) Chlorine or other disinfectant for cleaning of blood and other bodily fluids; (o) Flexible rolled gauze; and (p) A chart or handbook of first aid instructions. (3) A provider must ensure that the first aid supplies are readily available to caregivers and kept inaccessible to children. (4) A provider must maintain the first aid supplies in a clean and sanitary manner and replace them as needed, including expired items. 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