justicedao/ipfs_state_laws huggingface dataset:
414-210-0600 General Requirements for the Care of Infants and Toddlers (1) For infants and younger toddlers, a provider must obtain the following information (also see OAR 414-210-0220, Children’s Records): (a) Schedule of feeding; (b) Types of food introduced and timetable for new foods; (c) Sleep schedule; and (d) Child's way of communicating and being comforted. (2) A provider must be responsive to each infant and toddler’s individual, physical, and developmental needs. (3) A provider must allow infants and young toddlers: (a) To form and follow their own pattern of sleeping and waking periods; (b) Opportunities throughout the day to move freely in a safe, clean, open, and uncluttered area; and (c) Opportunities to interact and be near one another. (4) A provider must not leave an awake child in a play yard, for the purposes of playing, for more than 30 minutes in any 2 hour period. (5) Restrictive infant equipment, including, but not limited to, bouncers, exersaucers, swings, infant seats, high and low chairs or structured infant carriers may be used for no more than 30 minutes in any 2 hour period. (a) Children who are actively engaged in eating, outdoor walks, or car rides can exceed the 30 minute limit for restrictive infant equipment used in these activities. (b) Car seats may not be used except for transportation purposes. (6) Throughout the day, a provider must engage each infant and toddler in frequent, multiple, and social interactions by providing physical contact and individual attention (e.g., being held, rocked, talked to, sung to, and taken on walks inside and outside the home). (7) A provider must encourage the development of self-help skills (dressing, toileting, washing, eating) as children show interest. (8) All caregivers must take appropriate precautions to prevent shaken baby syndrome and abusive head trauma. 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
414-210-0620 Furniture and Equipment for Infants and Toddlers (1) A provider must provide an individual crib, portable crib, or play yard for each infant. (a) Each crib, portable crib, or play yard must: (A) Comply with Consumer Product Safety Commission(CPSC) standards for use by infants and have documentation from the manufacturer or retailer stating that either the crib was manufactured after June 28, 2011 or the play yard was manufactured after February 28, 2013; (B) Have a firm, flat, non-inclined sleep surface; (C) Have a clean, firm, tight-fitting mattress. The mattress must: (i) Be designed to fit the specific equipment used, with no gap between the mattress and sides of the product; (ii) Be covered in a durable, washable, waterproof, form-fitting material; (iii) Be firm enough that it maintains its shape and does not indent or conform to the shape of the infant’s head; and (iv) Be covered in a tight-fitting sheet that remains tightly-fitted with normal use and does not have any slack or bunching. (b) Bassinets are prohibited. (c) Stacking, wall, or modular cribs are prohibited. (d) Sheets must be changed when soiled, before use by another child, and at a minimum of once a week. (2) Crib bumper pads must not be on the premises of a registered family child care home. (3) To support traditional indigenous practices, a provider may allow cradleboards or other traditional indigenous sleep equipment to be used as a sleep surface for infants. Caregivers must be careful to not over-bundle or overheat an infant while using the equipment. (4) If a provider uses high chairs, the chairs must comply with current Consumer Product Safety Commission (CPSC) standards and have: (a) A broad base to prevent tipping; (b) A latch to keep a child from raising the tray; and (c) T-shaped straps or a guard to prevent a child from becoming entrapped or sliding out. (5) If a provider uses clip-on chairs, the chairs must have straps to prevent a child from sliding out. (6) A provider must provide a variety and adequate supply of developmentally appropriate materials that are stimulating to a child’s senses. Materials must not be a choking hazard including toys and removable parts with a diameter less than 1-¼ inches, plastic bags, Styrofoam, and rubber or latex balloons. (7) A provider may not use the following equipment for infants, which have been identified as unsafe for infants by the Consumer Product Safety Commission (CPSC) and the American Academy of Pediatrics: (a) Baby walkers, which are devices that allow an infant to sit inside and are equipped with rollers or wheels and move across the floor; (b) Baby doorway jumpers, which are devices that allow an infant to bounce while supported in a seat by an elastic "bungee cord" suspended from a doorway; (c) Accordion safety gates; and (d) Unstructured infant slings or wraps. 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
414-210-0630 Safe Sleep (1) In addition to safe equipment (OAR 414-210-0620), 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0650 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 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, a provider must have a diaper changing area. (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. 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
414-210-0660 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; and (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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0700 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 414-210-0200, 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0710 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 414-210-0720, 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0720 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 414-210-0700(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) A provider 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 414-210-0270, 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. A provider must notify CCLD when a written plan has been developed. 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
414-210-0830 Toilets, Hand Washing Sinks, and Bathing (1) A registered 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. Registered 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 or clean cloth towels that are laundered daily or when visibly soiled; 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 shall 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0850 Maintenance and Sanitation (1) The registered family child care home and grounds shall be kept clean and free of litter or rubbish and unused or inoperable equipment, and vehicles. (a) All garbage, solid waste, and refuse must be disposed of regularly, in a safe and sanitary manner. (b) Outdoor garbage storage must be inaccessible to children. (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 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 be 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. (4) 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) If using mats and cots, they must be cleaned and sanitized at least once a week, or more often when soiled and before use by another child. (5) A provider must immediately clean up any spills of bodily fluids, such as urine, feces, blood, vomit, and other bodily fluids 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0900 Furniture, Equipment and Play Materials (1) A provider must ensure furniture, equipment and play materials used by child care children are maintained in a hazard free condition. (2) Broken play materials, furniture and equipment must be removed from areas accessible to child care children. (3) Play materials and equipment must: (a) Be safe, clean, durable, well constructed, and made from lead-free non toxic materials; and (b) Provide for a wide variety of choices and activities, specified in OAR 414-210-0520, Daily Routine and Activities. Materials and activities must reflect the cultures and interests of children and families in care. (4) 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. (5) 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. (6) Mats, cots, and other sleep equipment must: (a) Be durable and in good repair; and (b) Be able to be cleaned and sanitized. (7) Floors mats must be: (a) Designed for sleeping; and (b) Covered in a water-resistant material. (8) 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. (9) Family beds or sofas may be used with individual bedding. (10) If a child’s parent requests, siblings may share the same bed. (11) 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. 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
414-210-0920 Outdoor Play Area (1) Elevated play equipment taller than 18 inches may not be placed on concrete, asphalt, lumber, or similarly hard surface. (2) Any non-portable piece of climbing or swinging equipment must be anchored securely. (3) A provider must provide a shaded area accessible to children in the outdoor play areas. Shade may be provided by trees, buildings, or shade structures. (4) Trampolines, other than rebounders, are prohibited. (a) Rebounders are permitted only when used according to manufacturer’s instructions. (b) If a trampoline is in the child care activity area, a provider must ensure that child care children cannot access the trampoline. (5) Inflatable equipment such as: bounce houses, moon walkers, and giant slides, etc., are permitted when used according to manufacturer’s instructions. Caregivers must be present and physically positioned to respond if needed. (6) A provider must provide outdoor gross motor activities that address a variety of skills (for example, climbing, balancing, throwing, catching, pedaling, and steering). (7) A provider must encourage the use of helmets and have them available for children while using a bicycle, tricycle, balance bike, kick scooter, skateboard, roller or in-line skates. (8) A provider must comply with Oregon bicycle laws while child care children are riding on public paths or roadways. 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
414-210-1000 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 414-210-1000(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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025