justicedao/ipfs_state_laws huggingface dataset:
414-320-0370 Orientation and Initial Training (1) A certified ONB program must ensure that all staff, including substitutes, receive an orientation within the first 10 days of hire and before staff have unsupervised access to children. An orientation must include, but is not limited to: (a) A review of the rules for certified ONB programs; (b) The written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures and responding to medical emergencies, illness and injuries, allergic reactions, and other incidents; (c) The prevention and control of infectious diseases; (d) Premises safety including identification and protection from hazards such as electrical hazards, bodies of water, and vehicular traffic; (e) The handling and storage of hazardous materials and the appropriate disposal of bodily fluids; (f) Methods used to inform personnel of children's specific health, nutritional, and developmental needs; (g) Prevention of abusive head trauma and child maltreatment; (h) The administration of medication; (i) The ONB program policies, as required under OAR 414-320-0200, Policies; (j) Applicable ONB program benefit-risk assessments, and risk management policies and risk procedures; (k) The ONB program's curriculum philosophy; and (l) Procedures for reporting suspected child abuse or neglect. (2) A certified ONB program must ensure staff, including substitutes, complete the following within 30 days of hire and prior to having unsupervised access to children: (a) Introduction to Child Care Health and Safety; and (b) A minimum of 2 hours of DELC approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law. (3) A certified ONB program’s staff and substitutes, with the exception of cooks, must complete the following within 90 days of hire and prior to having unsupervised access to children: (a) Have current certification in pediatric CPR and first aid. Online CPR training is only acceptable if it includes hands-on instruction. Pediatric CPR and first aid must be kept current during employment at the certified ONB program. (b) Complete the Foundations for Learning child development training. (4) If a certified ONB program is required to have staff certified in wilderness first aid as identified in OAR 414-320-0300(4), the certification must be kept current during employment at the ONB program. (5) A certified ONB program must ensure the following staff, including substitutes, obtain an Oregon food handler’s certification within 30 days of hire. Food handler’s certification must be kept current during employment at the certified ONB program. (a) Cooks and kitchen staff who handle food; and (b) Staff who serve meals from a communal source or put away leftovers. 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
414-320-0380 Annual Training A certified ONB program must ensure the following training requirements are met for each staff as follows: (1) Each certified ONB program director, teacher, and aide II must have at least 15 clock hours of formal training or education annually related to child care, of which at least 8 clock hours is in child development and 1 hour is in health, safety, and nutrition (HSN). (2) Substitute teachers and substitute aide IIs who provide care for 240 hours or more per licensing year must complete at least 15 clock hours of training or education annually related to child care, of which at least 8 clock hours is in child development or early childhood education, and 1 hour is in health, safety, and nutrition (HSN). (3) Certified ONB program staff employed less than a year must complete training requirements prorated at 1.25 clock hours for each month worked in the current license period. If the 15 hours of training are pro-rated, the requirement to have 8 hours of training in child development or early childhood education does not apply. 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
414-320-0385 Training Criteria (1) All staff employed by a certified ONB program must have an active account with ORO. Staff training must meet the following requirements: (a) Be approved by ORO; and (b) Be at least 1 hour in duration. (2) Staff training that is a component of a staff meeting for the certified ONB program may be counted toward the required training hours. (3) The following core knowledge categories (CKCs) will only meet the child development and early childhood education requirement (see OAR 414-320-0380, Annual Training): Diversity, Family and Community Systems, Human Growth and Development, Health Safety and Nutrition, Learning Environments and Curriculum, Observation and Assessment, Special Needs, and Understanding and Guiding Behavior. (4) A certified ONB program may count the following initial required staff training toward the 15 clock hours of annual training during the first year of employment. These hours, with the exception of (g), cannot be applied toward the requirement of 8 hours in child development or early childhood education: (a) Up to 2 hours of orientation at the first renewal period after the staff person’s hire date; (b) Pediatric first aid and CPR training; (c) Wilderness first aid; (d) Food handler’s training; (e) DELC approved training on recognizing and reporting child abuse and neglect; (f) DELC Introduction to Child Care Health and Safety training; and (g) DELC approved Foundations for Learning child development training. (5) During subsequent years of employment of staff members, a certified ONB program may count the following repeated training as part of the 15 clock hours of training for that staff member: (a) Up to 5 hours of pediatric CPR and first aid training, wilderness first aid training, and food handler's training; (b) Recognizing and reporting child abuse and neglect, but only repeated for credit to the training requirement once every 3 years; and (c) A Set 2 (intermediate) or Set 3 (advanced) training as described by ORO can be repeated once, provided it was not taken within the previous 2 years. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-0400 Staff-to-Child Ratio and Group Size (1) “Ratio” means the number of staff required to be physically present with a child or group of children. (2) "Group" means a specific number of children assigned to specific staff. (3) When more than one group of children is present on the child care premises at the same time, the following apply: (a) Each group is considered separate and operates independently. The group must have its own staff, program materials, and attendance records; (b) Children may not move freely between different groups; and (c) The multiple groups can come together briefly for a specific activity (e.g., eating, napping, large muscle activities), but in general, the groups should remain separate throughout the day. (4) A certified ONB program must meet the applicable staff-to-child ratio at all times as identified in OAR 414-320-0400(5). The certified ONB program must limit the number of children in each group to the maximum group size or fewer at all times, except as specified in 414-320-400(3)(c). (5) Staff-to-Child Ratios and Maximum Group Sizes: (a) Preschool Age (36 months through eligible for kindergarten): (A) Staff-to-Child Ratio 1:8 (B) Maximum Group Size: 16 (b) School Age (Eligible for kindergarten through 12 years old) (A) Staff-to-Child Ratio 1:10 (B) Maximum Group Size: 20 (c) In a mixed age group, a certified ONB program must meet the ratio and group size for the youngest child in the group. (6) A certified ONB program must have at least one caregiver who meets the qualifications of a teacher, as required by OAR 414-320-0340(2), with each group of children. (7) Certified ONB programs must have at least two staff members on the certified ONB program premises at all times. (8) A certified ONB program must count all children in ratios, group size, and capacity with the following exceptions: (a) Children visiting with a non-staff parent or a staff parent not being counted to meet staff-to-child ratios as long as the parent is directly supervising their child; and (b) Minors who qualify as volunteers. 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
414-320-0500 Supervision of Children (1) A certified ONB program must ensure that children have the full attention of the required number of staff at all times who must: (a) Be aware of what each child is doing; (b) Know and take into account the age of each child, the child’s individual behaviors, interests, and abilities, the layout of indoor and outdoor space, and any potential hazards or risks from activities children are engaged in; (c) Be near enough to children to assist and respond when needed; (d) Be within sight and sound, without relying on audio or video monitoring devices, except as specified in OAR 414-320-0500(5); and (e) Not participate in personal activities that could interfere with supervision, such as visitors, phone calls, or electronic device use. (2) A certified ONB program’s staff must position themselves or outdoor equipment to allow supervision of children while playing on all equipment. (3) A certified ONB program must ensure that there is adequate natural or artificial lighting in all areas of the ONB premises being utilized by child care children to allow for ONB program activities, safety, and supervision at all times. (4) A certified ONB program must provide sufficient light in any space where children are napping or resting so that staff can clearly see each child’s face from any point in the space. (5) With staff knowledge and permission, one school age child at a time may be out of sight and sound supervision, while on the premises of the ONB program, when using the restroom for a maximum of 5 minutes. (6) Certified ONB programs must always hike with staff in the front and the back of each group. 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
414-320-0510 Creating a Healthy Climate for Child Development (1) When communicating or interacting with children, a certified ONB program must ensure staff maintain a climate for healthy, culturally responsive child development such as: (a) Using a calm and encouraging tone of voice; (b) Using positive language to explain what children can do and give descriptive feedback; (c) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group; (d) Greeting children upon arrival and acknowledging their departure; (e) Using facial expressions such as smiling, laughing, and enthusiasm to match a child’s mood; (f) Using physical proximity in a culturally responsive way to speak to children at their eye level; (g) Validating children’s feelings and showing tolerance for mistakes; (h) Being responsive, listening to children’s requests and questions, and encouraging children to share experiences, ideas, and feelings; (i) Observing children in order to learn about their families, cultures, individual interests, ideas, questions, and theories; (j) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings; (k) Being respectful of cultural traditions, values, religion and beliefs of enrolled families; and (l) Interacting with staff and other adults in a positive, respectful manner. (2) A certified ONB program must ensure staff encourage positive interactions between and among children with techniques such as: (a) Giving children several chances a day to interact with each other while playing or completing routine tasks; (b) Modeling social skills; (c) Encouraging socially isolated children to find friends; (d) Helping children understand feelings of others; and (e) Encouraging interactions between children of all abilities. 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
414-320-0520 Program Schedule (1) A certified ONB program must develop, publish, and follow a written daily schedule for each group of children, according to their ages, interests, and abilities. (a) The written schedule must include a consistent routine that allows for flexibility to respond to the needs of the individual children and group of children. (b) The schedule must: (A) Cover all hours of operation; (B) Provide a balance of active and quiet opportunities; and (C) Include small and large group activities, free play, and snacks and meals. (2) For preschool-age children, a certified ONB program must include one or more regularly scheduled rest periods. (a) Rest periods must include the opportunity for each child to lay down on a cot, mat, or other approved sleeping surface. Rest periods may take the form of children sleeping, being awake but inactive, or participating in alternative quiet activities. (b) If children are unable to sleep after 30 minutes, the program must provide alternative quiet activities. Activities may be in the same area where children are sleeping if it is not distracting to sleeping children. (c) A preschool-age program that operates up to 6 hours a day is not required to schedule nap or rest times. (3) Napping or resting children must be protected from the sun, rain, and extreme weather, such as by the use of tarps or tents. 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
414-320-0530 School-Age Activity Plan (1) A certified ONB program must provide an environment for children where adults' actions demonstrate respect for children’s changing physical, emotional and intellectual needs. (2) A certified ONB program must provide school-age children with the opportunity to take part, on a daily basis, in activities which support their need to practice and build skills in problem-solving, making responsible choices, cooperation, creativity, and appropriate social interactions. (3) In addition to those activities specified in OAR 414-320-0520, a certified ONB program must provide school-age children with opportunities to choose from a variety of activities, including: (a) Individual projects, which may include homework; (b) Exposure to individual and team physical activities; (c) Opportunities to rest if tired. The ONB program must provide a space that encourages rest for children who wish to rest. 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
414-320-0650 Diaper Changing (1) A certified ONB program must change wet or soiled diapers promptly, checking children’s diapers at a minimum of every 2 hours, or more frequently to meet the individual child’s needs. (2) A certified ONB program must have a designated diaper changing area, including stand-up diapering, for children who require diapering. (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 area must be located away and separate from all food preparation, food service, and food storage areas. (c) The diaper changing surface must be sturdy, smooth, non-absorbent, easily cleanable and free of tears or repairs. (d) The diaper changing surface must be kept free of all objects except for diapering items and not used for other purposes. (e) If the changing surface is on an elevated surface: (A) The surface must be large enough to accommodate the length of a child, with protective edges or barriers that prevent a child from rolling or falling from the surface. (B) A safety strap or harness must not be used on the elevated diaper changing surface. (C) Children must never be left unattended on an elevated changing surface. (f) A disinfecting solution must be kept in each diaper-changing area ready for immediate use and stored in a manner so that it is inaccessible to children. (3) A certified ONB program must follow the diaper-changing procedure, including stand-up diapering, that has been approved by the environmental health specialist. (4) A certified ONB program must prevent the viewing of a partially or fully undressed child during diaper changes by members of the public. For the purpose of this subsection, "members of the public" means anyone not affiliated with the certified ONB program. (5) A certified ONB program must discuss the toilet learning plan and progress with parents and ensure that the plan is relaxed and pressure free. (6) A certified ONB program must place wet or soiled clothing or personal items in a sealed, labeled, moisture-proof bag to send home with the child. (7) If a certified ONB program 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. (8) A certified ONB program must provide a container designated for disposing of soiled diapers and diapering supplies only. The diaper disposal container must be: (a) Approved by the environmental health specialist; (b) Lined with a disposable plastic trash bag; (c) Within arm’s reach of the diaper changing area; and (d) Emptied, cleaned and disinfected daily or more often as needed. 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
414-320-0700 Behavior and Guidance (1) A certified ONB program must have a written policy on behavior and guidance of children that is simple and understandable to the child, the parent(s), and all staff (also see OAR 414-320-0200, Policies). (2) A certified ONB program must have the behavior and guidance policy available in a prominent and frequently visited location for the parents and public to view. (3) A certified ONB program’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) Following a predictable daily routine and schedule with planned transitions; (d) Reinforcing positive behaviors with encouragement and descriptive praise; (e) Supervising actively, taking steps to prevent problems before they occur and explaining safe, natural and logical consequences related to a child’s behavior; (f) Helping children recognize and appropriately express their feelings and understand the feelings of others; (g) Modeling and teaching social skills such as taking turns, cooperation, waiting, treating others kindly, and problem solving; and (h) Redirecting or helping a child change their focus to something appropriate when their behavior is unacceptable. (4) A certified ONB program must ensure that only staff shall provide guidance to a child. (5) A certified ONB program must provide guidance that is fair, consistently applied, timely, and appropriate to the behavior, age, and development of the child. (6) If other methods have not been successful, a certified ONB program may remove a preschool or school-age child from an activity or group for the time needed to help them regulate their emotions or behavior. During this time, staff must use co-regulation strategies such as empathetic listening, guiding deep breathing, and offering a child access to a calming location. Once the child has regained emotional or physical regulation, they must be allowed to rejoin the group or ongoing activity. (7) A certified ONB program must have a policy that addresses how staff must proceed if a child is displaying inappropriate behaviors that could endanger themselves or the safety of others (see OAR 414-320-0200, Policies). (8) A certified ONB program 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 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-0710 Prohibited Discipline and Actions A certified ONB program must not use or threaten to use any of the following prohibited actions even if requested or agreed to 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 414-320-0720, 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 2-2025, adopt filed 03/26/2025, effective 07/01/2025