justicedao/ipfs_state_laws huggingface dataset:
414-310-0630 Transportation Overview (1) If a school-age center transports children, the center must be in compliance with all applicable state laws, including current vehicle insurance that covers the driver, the vehicle, and all occupants. (a) If a school-age center contracts for transportation for children while they are in care, the center is responsible for ensuring the contracted entity meets CCLD’s transportation requirements including OAR 414-310-0630 through OAR 414-310-0670. The use of public school transportation on behalf of the school-age center is exempt from OAR 414-310-0630 through OAR 414-310-0670. (b) Documentation must be maintained as specified in OAR 414-310-0240 Program Records. (c) A school-age center must not transport children in vehicles or parts of vehicles not designed for transporting people, such as truck beds, campers, and trailers. (2) When children are taken on field trips, the center must ensure that: (a) When children are transported for long distances, the center provides rest and stretch stops as needed. (b) Staff check a written list of children on the field trip frequently to account for the presence of all children and: (A) Prior to boarding and exiting the vehicle; and (B) Any time the group changes locations on site (e.g. when moving from one exhibit to the next) (c) Each child wears an easily identifiable item, such as a label, shirt or wristband, listing the name and telephone number of the center; (d) Caregivers are easily identifiable; and (e) A notice of field trips, including the date, destination, and estimated times of departure and return, is posted at least 48 hours in advance of a field trip in a prominent place where parents and others may view it (also see OAR 414-310-0210 Parental Permissions and OAR 414-310-0250 Items Available to View). Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 120-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0640 Transportation Staffing (1) If a driver is the only adult in the vehicle, a school-age center must ensure that the driver: (a) Meets Program Leader qualifications and training requirements; and (b) Meets additional driver and ratio requirements under OAR 414-310-0640, Transportation Staffing. (2) A school-age center must ensure that drivers of a vehicle used to transport children: (a) Are at least 21 years of age; (b) Have a valid driver’s license appropriate for the type of vehicle driven; (c) Are certified in first aid and CPR or accompanied by someone with certification; (d) Do not have any medical condition or use alcohol, drugs, tobacco or any medication that could compromise driving, supervision, or evacuation abilities; (e) Operate the vehicle in a legal and safe manner; and (f) Eliminate distractions such as the use of earphones or cell phones. (3) A school-age center must ensure that there are sufficient staff to meet the required staff-to-child ratios for each age group of children being transported. (a) The driver may count in the staff-to-child ratios (also see OAR 414-310-0360 Staff-to-Child Ratios and Group Size). (b) One staff member must be at least Program Leader qualified (also see OAR 414-310-0300, Program Leaders). (c) A school-age center may allow a parent to transport children other than the parent’s own children without a qualified staff member present in the vehicle, only if the parent meets Program Leader qualifications and transportation requirements as provided in these rules, and is enrolled in the CBR. (4) A school-age center must provide adequate supervision to protect children during transportation. A school-age center must: (a) Never leave children unattended inside or outside the vehicle; (b) Immediately document each time a child enters and exits the vehicle; and (c) Follow notification requirements listed in OAR 414-310-0260(5) if a child is not at a designated pick-up location. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 121-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 5-2023, minor correction filed 01/06/2023, effective 01/06/2023 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0650 Transportation Safety (1) A school-age center must maintain the following items in the vehicle as well as at the center: (a) An operable phone; (b) Program information including center name, address, and phone number; (c) Proof of vehicle insurance; (d) A checklist of all children being transported with any pick-up and delivery times and locations; (e) Emergency medical information on each child including parents’ contact information, special medical needs, medications, allergies, the name and phone number of the child’s doctor, and emergency medical authorization forms; (f) When transporting children with chronic medical conditions (such as asthma, diabetes, or seizures), their emergency care treatment plans, supplies and medication; and (g) A first aid kit that is easily accessible to staff and not to children with contents specified in OAR 414-310-0560, Injuries). (2) A school-age center must ensure the following safety practices are followed: (a) The vehicle doors are locked when the vehicle is moving and when not in use. (b) The motor is turned off, the brake set, and the keys removed whenever the driver leaves the vehicle. (c) No vehicle window, except that of the driver, must be opened to more than 50 percent of its capacity when children are on board. (d) Children's entire bodies must remain in the vehicle. (e) Safe conduct to and from the vehicles and safe off-street loading spaces must be provided. (A) Children must be loaded and unloaded only at the curb or at an off-street area protected from traffic on the same side of the street as the building they will enter. (B) If children must cross a street, they must be accompanied by an adult. (f) Staff must have clear instructions on handling emergency breakdowns and accidents, including vehicle evacuation procedures, supervision of the children, and contacting emergency help. (g) Staff at the center must know the routine arrival and departure times of the vehicle and take action if the vehicle does not return at a scheduled time. (h) Before leaving the vehicle, the driver or the last personnel in the vehicle must inspect all areas of the vehicle to prevent a child from being left in the vehicle. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 122-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0660 Passenger Restraints and Seating A school-age center must meet the following passenger restraint and seating rules to ensure children’s safety during transportation: (1) The manufacturer’s maximum seating capacity for the vehicle is not exceeded; (2) Child passenger restraint systems and seat belts must be used according to law, meet federal motor vehicle standards and installed in accordance with the manufacturer’s instructions; (3) Restraint systems are properly maintained, such as not expired, recalled, or previously involved in a crash; (4) Car safety seats or booster seats, whether provided by the child’s parents or the child care center, are labeled with the child’s name and emergency contact information; (5) Child care children are not permitted to ride in the front seat of a vehicle; (6) All adult passengers in a vehicle transporting children, other than a large school bus, must be properly restrained by safety belts before starting the vehicle and at all times the vehicle is in motion; and (7) Vehicles that meet the definition of a school bus that transport passengers in wheelchairs must comply with manufacturer’s instructions and specifications. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 123-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0670 Vehicles A school-age center must ensure that all vehicles used for transportation meet the following: (1) Vehicles are identified with the center or business entity name that is easily read by the public (e.g. a small sign in the rear window or a bumper sticker), unless using contracted transportation or a vehicle not owned by the school-age center; (2) Vehicles including school buses are in compliance with all applicable state and local motor vehicle laws; (3) If a center uses vans designed for 10 or more passengers and manufactured prior to 2010: (a) Travel speed may not exceed 50 mph; and (b) The vehicle must have an annual safety inspection by a garage, dealership or auto repair shop. Proof of inspection must be on the form provided by CCLD or on a form provided by the inspector which contains the same information; (4) Vehicles have a current license plate and registration as required by Oregon state transportation laws, including vehicles driven by volunteers; (5) Vehicles are maintained in good repair and safe operating condition at all times; (6) The vehicle receives regular maintenance in accordance with the vehicle maintenance mileage schedule. This includes, but is not limited to, regular inspections of interior safety features like airbags, seatbelts and car seat latch systems. All deficiencies must be corrected before the vehicle can be used for child care transportation; (7) The vehicle interior is clean, in safe repair, and free of hazardous items that could impede the children’s movement or cause injury if the items were thrown about the vehicle as a result of a collision; (8) Stationary padded seats with a back are securely anchored to the vehicle; and (9) Operable heaters and ventilation maintain an interior temperature comfortable to children and between 68 and 85 degrees. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 124-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0680 Swimming (1) A school-age center must have written permission from each child’s parent before engaging in any swimming activities. (2) A school-age center must provide constant sight and sound supervision of children around any bodies of water. (3) A school-age center must not use a swimming pool unless it has been licensed by the Oregon Health Authority or delegated agent pursuant to OAR Chapter 333, Division 60. (Also see OAR 414-310-0480, Prevention and Management of Hazards regarding access to pools and other bodies of water.) (a) A swimming pool must not be used if the main drain cover is missing. (b) Each swimming pool more than six feet in width, length, or diameter must have immediate access to lifesaving equipment, e.g., a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that is long enough to reach the center of the pool from the edge of the pool. (c) Swimming pools must be maintained, cleaned and sanitized according to manufacturer instructions and Department of Health or local health jurisdiction guidelines. (4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, activity is limited to wading; swimming is not permitted. (5) A school-age center must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment. (6) If a school-age center has on-site swimming or is responsible for off-site swimming, the center’s written emergency plan (required by 414-310-0180, Emergency Preparedness and Response) must also include pool and swimming safety. When a swimming pool is located on the center premises, emergency telephone numbers and the center’s address must be posted near an immediately accessible telephone in the pool area. (7) At all times when children are engaged in swimming and wading activities on or off the premises, a school-age center must: (a) Ensure that staff are in or at the water and prepared to enter; (b) Meet a 1:10 staff-to-child ratio; (c) Verify that all adults counted in the staff-to-child ratios are able to swim if the water is more than 48 inches deep; (d) Ensure that a certified lifeguard is present and on duty at all times. Center staff lifeguards may not count in staff-to-child ratios when more than 10 children are present; and (e) Review safety rules with children each time they participate. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 125-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0690 Animals (1) A school-age center must ensure that any animal at the center is: (a) In good health and shows no signs of carrying disease; (b) Friendly toward children with no signs or history of aggression; (c) Kept free of fleas, ticks, and worms; (d) Fully immunized including rabies vaccinations for dogs; (e) Kept in a cage or tank with the exception of cats and dogs; and (f) Not permitted in food preparation areas or on children’s resting surfaces. (2) A school-age center may not allow an animal with any history of biting to be on the premises of the center. (3) A school-age center must prevent any direct contact by children with any animals unfamiliar to the center such as a stray. (4) A school-age center may allow an animal, other than a cat or dog, such as a poisonous animal, reptile, amphibian, monkey, hook-beaked bird, chicken, duck, hermit crab, rodent or ferret on the premises only if: (a) The animal is housed in and remains in a cage, tank or other measure which precludes any direct contact by children; or (b) The exotic animal is present as part of an educational program run by a zoo, museum or another professional animal handler. (5) A school-age center must ensure that all contact between an animal and a child is supervised by staff who are close enough to remove the child immediately if the animal shows signs of aggression or distress or the child shows signs of treating the animal inappropriately. (6) A school-age center must inform parents of any animals on the premises by a clearly viewed notice or bulletin, policy handbook, parent flier, or a statement included on the enrollment form (also see 414-310-0170 Policies). (7) A school-age center must have and follow written procedures for the care and maintenance of any animals in the center. The procedures must address: (a) Responsibility for the handling, care, and feeding of the animal(s). With close staff supervision, children may participate in the care of animals. (b) At least weekly cleaning and disinfection of pet containers and cages performed in areas not used for food storage or preparation and only when children are not present. (c) Location of litter boxes in areas not accessible to children or used for food storage or preparation; and (d) Prevention of debris spilling out of a container or cage used for pets and animals, if applicable. (8) A school-age center must keep animal food supplies out of the reach of children and store them separately from food supplies and equipment. (9) Animal food must be stored in a manner that does not attract rodents or insects. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 126-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0700 Monitoring and Investigations (1) CCLD may conduct unannounced monitoring visits of a school-age center at least annually for the purpose of determining compliance with these rules and terms and conditions of certification. (2) CCLD may conduct compliance verification visits to a school-age center for the purposes of confirming compliance or continued compliance. (3) If a complaint alleges that a school-age center is not in compliance with these rules, CCLD may conduct an investigation to assess the allegations. (a) The investigation may include: (A) One or more visits to the center; (B) Interviews with the center staff, volunteers, parents of child care children, or other individuals who may have relevant information; (C) Reviews of records; (D) Observations of the school-age center operations; and (E) Any action authorized by ORS 329A.390(7). (b) Upon completion of the investigation, CCLD will issue a findings letter setting forth its determination that a complaint allegation is one of the following with respect to violation of these rules: (A) Valid, when evidence indicates the violation more likely than not occurred; (B) Unable to substantiate, when evidence is conflicting regarding whether the violation occurred; or (C) Invalid, when no evidence indicates the violation occurred or the evidence indicates the violation more likely than not did not occur. (c) CCLD may issue a findings letter prior to the conclusion of an investigation when CCLD has reached a determination on some but not all allegations. (d) Upon request from a school-age center, CCLD must inform the center as to whether the center is under investigation by CCLD as of the date of CCLD’s response to the request. (4) In connection with a monitoring or investigation visit, CCLD shall provide technical assistance as appropriate. (5) CCLD certification records are open to the public on request, including findings of complaint investigations. CCLD may not disclose information protected by state or federal law. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 127-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0720 Civil Penalty (1) CCLD may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of certification. (2) CCLD may assess a civil penalty in addition to any other appropriate legal action, considering: (a) Numbers of previous violations of the same rule; (b) Circumstances surrounding the rule violations; and (c) Prior warnings, technical assistance, or legal actions regarding the school-age center’s compliance with the rule. (3) For a serious violation, as defined in OAR 414-310-0120(39), a school-age center may be subject to a civil penalty not to exceed $2500 for each violation. (4) For a non‐serious violation, a school-age center may be subject to a civil penalty of $800 for each violation (5) CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a school-age center is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. CCLD may assess civil penalties for multiple days in a single action. (6) An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with CCLD may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility. (7) Notwithstanding CCLD’s decision to impose a civil penalty for one or more rule violations, CCLD may also take action to deny, suspend or revoke a certification for the same rule violation or violations. (8) A school-age center may appeal any decision to impose a civil penalty, subject to the provisions of chapter 183, Oregon Revised Statutes. (9) Failure to pay a civil penalty in which CCLD has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a school-age center certification. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 67-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-320-0110 Purpose (1) The purpose of OAR 414-320-0100 through 414-320-1620 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 Outdoor Nature Based (ONB) program. (2) "Certified Outdoor nature-based child care program" means a child care program that: (a) Enrolls preschool through school-age children; (b) Provides child care to children in a primarily outdoor natural space approved by DELC. The program may have non-regular or emergency use of indoor space approved by DELC; and (c) Utilizes a philosophy where nature is central to children’s learning and development, as demonstrated by curriculum requirements outlined in OAR 414-320-0525(4). (3) A certified outdoor nature-based child care program may utilize indoor space of a building for non-regular use, or to utilize indoor bathroom facilities. The building and indoor space must be approved by environmental health and the fire marshal, where applicable, for that particular use. The program must submit all approvals to DELC when seeking approval for use of the indoor space. (4) "Non-regular use" is defined as other than regular, daily use and includes, but is not limited to: (a) Use due to severely inclement weather conditions; or (b) "Emergency use" due to hazards, the need to shelter in place, or other conditions that prohibit normal outdoor program operations. (5) A person or entity may not operate an ONB program without a valid certificate issued by DELC, 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 2-2025, adopt filed 03/26/2025, effective 07/01/2025