justicedao/ipfs_state_laws huggingface dataset:
414-320-1200 Transportation Overview (1) If a certified ONB program transports children, the certified ONB program 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 certified ONB program contracts for transportation for children while they are in care, the certified ONB program is responsible for ensuring the contracted entity meets DELC’s transportation requirements including OAR 414-320-1200 through OAR 414-320-1240. The use of public school transportation on behalf of the certified ONB program is exempt from OAR 414-320-1200 through OAR 414-320-1240. (b) Documentation must be maintained as specified in OAR 414-320-0250 , Program Records. (c) A certified ONB program 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 certified ONB program must ensure that: (a) When children are transported for long distances, the program 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 ONB program; (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 414-320-0230, Parental Permissions and OAR 414-320-0260, Items Available to View). 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
414-320-1210 Transportation Staffing (1) If a driver is the only adult in the vehicle, a certified ONB program must ensure that the driver: (a) Meets teacher or aide II qualifications and training requirements; and (b) Meets additional driver and ratio requirements under OAR 414-320-1210(2) through (3), Transportation Staffing. (2) A certified ONB program 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 certified ONB program 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 414-320-0400, Staff-to-Child Ratios and Group Size). (b) One staff member must be at least aide II qualified (also see OAR 414-320-0350 Duties and Qualifications of Aides). (c) A certified ONB program 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 aide II qualifications and transportation requirements as provided in these rules, and is enrolled in the CBR. (4) A certified ONB program must provide adequate supervision to protect children during transportation. A certified ONB program must: (a) Never leave children unattended inside or outside the vehicle; (b) Immediately document attendance each time a child enters and exits the vehicle; and (c) Follow notification requirements listed in OAR 414-320-0270(5)(b) if a child is not at a designated pick-up location. 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
414-320-1220 Transportation Safety (1) A certified ONB program must maintain the following items in the vehicle as well as on the premises of the certified ONB program: (a) An operable phone; (b) Program information including ONB program 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 children, and with contents specified in OAR 414-320-1020, Injuries. (2) A certified ONB program 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, is opened to more than 50 percent of its capacity when children are on board. (d) Children's entire bodies remain in the vehicle. (e) Safe conduct to and from the vehicles and safe off-street loading spaces is 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; and (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 certified ONB program 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.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-1230 Passenger Restraints and Seating A certified ONB program 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) Child care children are not permitted to ride in the front seat of a vehicle; (5) 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 (6) 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.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-1240 Vehicles A certified ONB program must ensure that all vehicles used for transportation meet the following: (1) Vehicles are identified with the ONB program 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 certified ONB program. (2) Vehicles, including school buses, are in compliance with all applicable state and local motor vehicle laws; (3) If an ONB program 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 DELC 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; and (8) Stationary padded seats with a back are securely anchored to the vehicle. 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
414-320-1300 Swimming and Water Activities (1) A certified ONB program must have written permission from each child’s parent before engaging in any swimming or water activities. (2) A certified ONB program must provide supervision of children around any bodies of water. (3) A certified ONB program located within a quarter mile of an accessible body of water must obtain from the parent or guardian a signed water hazard acknowledgement. (4) For water activities that involve a water depth that is more than 24 inches deep, a certified ONB program must ensure that: (a) A certified lifeguard must be present and on-duty. A staff member or volunteer may be included in the staff-to-child ratio who is also the on-duty certified lifeguard; and (b) All children must wear approved water life jackets or approved water life vests. (5) For each body of water more than 6 feet in width, length, or diameter and when the depth of any portion of the body of water more than 24 inches, a certified ONB program 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 body of water from the edge of the body of water. (6) At least one ONB staff member in attendance must be able to swim when children are within one quarter mile of an accessible body of water, such as a park located near a lake or stream regardless of whether or not the children are actively engaging in a water activity. (7) If children are at or near a moving body of water, an ONB staff member who can swim or a certified lifeguard must be positioned downstream of where the children are playing or otherwise take into account how water moves and their access to the body of water. (8) If a certified ONB program has on-site swimming or is responsible for off-site swimming, the program’s written emergency plan (required by OAR 414-320-0210, Emergency Preparedness and Response) must also include water and swimming safety. (9) At all times when children are engaged in swimming and wading activities on or off the premises, a certified ONB program must: (a) Ensure that staff are in or at the water and prepared to enter; (b) Meet the following staff-to-child ratios: (A) Preschool-age – 1:6 (B) School-age – 1:10 (C) The age of the youngest child in a mixed-age group determines the 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. ONB program 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. (10) Children in diapers or toilet training must wear swim pants to lower the risk of contaminating the water. 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
414-320-1310 Plant Foraging Activities (1) A certified ONB program must have written permission from each child’s parent before children may consume foraged plant materials. (2) All plants gathered by children or staff that are intended to be consumed by children must be clean and safe to eat. The requirements described in OAR 414-320-1130, Food Storage and Preparation, through OAR 414-320-1140, Meals and Snacks, apply to plants gathered by children or staff that are intended to be consumed by children. (3) Certified ONB program staff must be able to demonstrate they have the level of knowledge necessary to: (a) Properly identify the different plant species that are native to the area and region where the ONB program is located; (b) Identify and avoid poisonous plants and plants that look similar to poisonous plants; and (c) Ensure that plants are harvested during the correct time of year and season. (4) A certified ONB program must ensure the area where plants are being harvested, for example an adjacent road or field, has not been sprayed with pesticides, herbicides, or other pollutants. If ONB program staff do not know or cannot determine if areas have been sprayed with pesticides, herbicides, or other pollutants, plants should not be harvested from those areas. (5) Mushrooms and other fungi of any variety must not be touched, picked, harvested, or consumed by children. (6) A certified ONB program must ensure that children do not touch, pick, harvest, or consume plants without the permission of ONB program staff. Before a child eats any type of wild vegetation, ONB program staff must ensure the vegetation has been approved for consumption by a staff person who is able to correctly identify the source plant. Prior approval by the appropriate ONB program staff person is required even if a child thinks they can correctly identify the plant. 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
414-320-1320 Climbing Natural Feature Activities (1) Certified ONB programs may allow children to climb natural features, including trees and boulders. (2) Before allowing children to climb natural features, a certified ONB program must follow the program’s written policies and procedures to determine the appropriate methods to remove or mitigate the possibility of injury. (3) To prevent injury to children, a certified ONB program must comply with the requirements described in this subsection. (a) ONB Staff members must remove hazardous objects and mitigate hazards whenever possible from the surrounding area where children might fall. This includes, but is not limited to, removing rocks and covering sharp edges or potentially harmful protrusions including harmful protrusions or branches that may extend from trees or stumps. (b) Before a child or children climb on trees, a certified ONB program must inspect the trees for weak or loose branches or other potential hazards. (c) ONB staff members must be able to provide immediate assistance to any climbing child. To ensure adequate supervision and after conducting the benefit risk assessments described in OAR 414-320-0215, it may be necessary for ONB programs to limit the number of children climbing at one time. (d) At all times, an ONB staff member must be within reach of the midriff of a child who is climbing a natural feature 30 inches above the ground. A climbing child must not be allowed to climb out of reach of staff. (4) For school-age children and activities that involve climbing natural features or challenge courses 48 inches or higher from the ground, certified ONB programs must comply with the requirements described in the American National Standard Institute/Association for Challenge Course Technology (ANSI/ACCT) Challenge Course Standards. ONB program staff that provide climbing and challenge course activities must possess a valid and current Association for Challenge Course Technology (ACCT) Practitioner Certification. 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
414-320-1340 Tool Activity Supervision and Safety (1) During tool activities, a certified ONB program must comply with all supervision requirements described in this section. (2) A certified ONB program using developmentally appropriate outdoor nature based tools or equipment as part of their curriculum must make such tools inaccessible to children when not in use. (3) Before a child can participate in tool activities, a certified ONB program must obtain written permission from the children's parents or guardians that allows them to participate in such activities. (4) Power tools may not be used by children and must be kept inaccessible to children. (5) Folding whittling knives must be equipped with a locking feature to keep knives open when in use. (6) There must be a one-to-one (1:1) staff-to-child ratio for: (a) Any preschool-age child who is engaged in a tool activity; and (b) Any school-age child who is not proficient in using the tool for the activity. (7) There must be a one-to-three (1:3) staff-to-child ratio for any school-age children who have previously demonstrated proficiency in specific tool use. (8) Before engaging in and leading a tool activity, staff must be trained in the ONB program's tool use policies and procedures and benefit-risk assessments. (9) The ONB program director must observe, confirm, and document staff members' ability to properly use ONB tools before the staff member may lead tool use activities. (10) A certified ONB program must have a first-aid kit near the tool activity that is in compliance with the requirements described in OAR 414-320-1020, Injuries, and is equipped with first-aid supplies made specifically to treat sharp cuts, punctures, or other injuries related to the use of tools. (11) Prior to any tool use activity, a certified ONB program must use developmentally appropriate teaching practices to ensure children understand and can demonstrate safe tool use. Teaching techniques must include, but not be limited to: (a) Safe whittling practices, including using a push stroke away from the body and hand holding the piece of wood; (b) Holding a piece of wood past one's knees, to the side of one's body, or on the top of a table; (c) Wearing work or gardening gloves, especially on the hand that is not holding the tool; (d) Wearing safety goggles and other protective clothing, when appropriate; (e) Children sitting on their knees with their legs tucked under, sitting cross-legged, or at a table; (f) Allowing appropriate space between children using tools; and (g) Demonstrated understanding and proficiency of less risky tools prior to the use of tools that may pose a greater risk. (12) When using tools, the children must remain in an area designated for tool activities. 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
414-320-1350 Encountering Wildlife Supervision and Safety (1) A certified ONB program must have and follow policies that describe how to safely encounter wildlife. These policies must identify potentially dangerous wildlife in the ONB program area or location and how children and ONB program staff should appropriately respond to both wildlife and potentially dangerous wildlife. (2) A certified ONB program must supervise children and immediately respond when potentially dangerous wildlife is seen or heard, or other signs are discovered or noticed. (3) A certified ONB program must be in contact with local rangers, park officials, or other emergency response agencies if dangerous wildlife is in the area and follow all state and national agency protocols and requirements. (4) A certified ONB program must relocate to an approved alternate location or temporarily close while dangerous wildlife is in the area, unless the certified ONB program can ensure the safety of children in care. (5) A certified ONB program must manage property and dispose of waste to prevent attracting wildlife. (6) A certified ONB program must conduct encountering wildlife drills with children. 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
414-320-1620 Civil Penalty (1) DELC may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of the ONB program certification. (2) DELC 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 certified ONB program’s compliance with the rule. (3) For a serious violation, as defined in OAR 414-320-0100(54), a certified ONB program may be subject to a civil penalty not to exceed $2500 for each violation. (4) For a non‐serious violation, a certified ONB program may be subject to a civil penalty of $800 for each violation. (5) DELC may assess a separate civil penalty for each day for which DELC has made a valid finding that a certified ONB program is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. DELC 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 DELC may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility, as provided in OAR 414-075-0230. (7) Notwithstanding DELC’s decision to impose or not to impose a civil penalty for one or more rule violations, DELC may take action at any time to deny, suspend or revoke a certification for the same rule violation or violations. (8) A certified ONB program 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 DELC 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 certified ONB program certification. Statutory/Other Authority: ORS329A.260, ORS 329A.346, ORS 329A.992 & ORS 329A.994 Statutes/Other Implemented: ORS 329A.346, ORS 329A.992 & ORS 329A.994 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-330-0100 Purpose The purpose of OAR 414-330-0100 through OAR 414-330-0600 is to establish and administer a pilot program to support the development of a sustainable model for micro-centers to provide affordable, high quality early learning opportunities to communities in this state. Statutory/Other Authority: section 1, chapter 374, Oregon Laws 2023 Statutes/Other Implemented: section 1, chapter 374, Oregon Laws 2023 History: DELC 59-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 17-2024, adopt filed 03/27/2024, effective 04/01/2024