justicedao/ipfs_state_laws huggingface dataset:
414-175-0099 Intentional Program Violations (1) In the child care programs, a provider commits an intentional program violation (IPV) by intentionally making a false or misleading statement or misrepresenting, concealing, or withholding information related to their request to be eligible for a child care payment under OAR 414-175-0080 or a claim for a child care payment. (2) An IPV is established by a state or federal court, by an administrative agency in a contested case, or by an individual signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing. (3) Except as provided in section (4) of this rule, there is no administrative appeal after an individual waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action. (4) An individual who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress. If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and: (a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty. (b) If an administrative law judge determines that a waiver was signed under duress, the state may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty. (5) An individual may be subject to disqualification for an intentional program violation (IPV) only if the individual was advised of the disqualification penalties prior to committing the IPV. (6) If an IPV is established against an individual through a contested case hearing, a waiver of the right to hearing, or by a state or federal court, that individual is liable for repayment to the Department of the full amount of overpayment (see OAR 461-195-0501) the Department has established. The amount of restitution to the Department ordered by a court as part of a criminal proceeding does not lower the amount owed to the Department. Payments of restitution to the Department are credited against the amount owed. A client is not subject to an IPV disqualification but is still required to repay overpayment amounts. (7) A child care provider who has incurred an overpayment established as an IPV claim is ineligible for payment: (a) For six months and until the full amount of the overpayment is paid; or (b) Permanently, if the Department finds that such ineligibility is in the public interest. The following is a non-exclusive list of reasons that support a determination of permanent ineligibility: safety concerns; or, the likelihood of future violations; or, the degree of egregiousness of any of the established IPVs; or, the degree of primary involvement in the violation by the provider. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
414-175-0100 Quality Control Review (1) Individuals are required to cooperate in the Department's or Oregon Department of Human Service’s quality control review process. (2) An individual who refuses to cooperate is ineligible for the program in which the review takes place until the individual cooperates. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
414-175-0105 Children in the Head Start Program (1) Initial eligibility for the ERDC program must be met prior to receiving child care under a contract between a Head Start agency and the Department. (2) The following subsections apply when a child in the ERDC program receives child care under a contract between a Head Start agency and the Department. (a) The Head Start agency is considered the provider of child care. (b) If the Head Start agency uses another provider for the child care, that provider must meet the requirements in OAR 414-175-0085 and following. (c) The payment made by the Department on behalf of the child is made only to the Head Start agency. The child is ineligible for child care payments for care not provided under the contract between the Head Start agency and the Department. (d) Once the Department makes a child care payment for the child under the contract, the child may not lose child care benefits until the next August 31, unless any of the following paragraphs apply: (A) The caretaker was found ineligible because of inaccurate information provided to the Department or because information was withheld from the Department when eligibility was determined. (B) The caretaker fails to meet the requirements of the locally-prepared agreement among the client and the Head Start program. (C) The child is no longer attending a Head Start contracted program. (D) The filing group no longer meets Oregon residency requirements under OAR 414-175-0020. (e) For any month in which the child is eligible to be served under a contract covered by this rule, the copayment is $0. Statutory/Other Authority: ORS 329A.500 Statutes/Other Implemented: ORS 329A.500 History: ELD 11-2023, adopt filed 06/28/2023, effective 07/01/2023
414-180-0005 Purpose Oregon Administrative Rules (OAR) 414-180-0005 through 414-180-0090 are the Department's minimum health and safety requirements for license exempt child care providers who accept federal child care subsidy payments through the state. The purpose of these rules is to protect the health, safety, and well-being of children in care. These rules apply to child care providers who accept federal child care subsidies from the Department and are exempt from child care licensing as outlined in ORS 329A.250. Statutory/Other Authority: ORS 326.425 & ORS 329A.010 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500 History: DELC 71-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 2-2017, f. & cert. ef. 1-31-17 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0020 Sanitation (1) Pre-mixed sanitizers and disinfectants that are EPA registered and meet Oregon Health Authority criteria may be used in all areas of the child care facility per manufacturer instructions. (2) All caregivers and children must wash their hands with soap and warm, running water: (a) Before handling food; (b) Before assisting with feeding; (c) Before and after eating; (d) After diapering; (e) After using the toilet; (f) After assisting someone with toileting; (g) After nose wiping; (h) After playing outside; and (i) After touching an animal or handling pet toys. (3) Hand sanitizers shall not replace hand washing. If hand sanitizers are present in the child care facility, they shall be kept out of children’s reach and shall not be used on children. (4) Clean toys, equipment and furniture used by children when soiled. (5) Diaper changing surfaces must be either: (a) Non-absorbent and easily disinfected; (b) Disposed of after each use; or (c) Laundered after each use. (6) The building, grounds, any toy, equipment, and furniture are maintained in a clean, sanitary, and hazard free condition. (7) All garbage, solid waste, and refuse must be disposed of regularly, in a safe and sanitary manner. (8) Bio-contaminants including but not limited to bodily fluids and blood shall be disposed of in a manner that prevents exposure to children. (9) The child care facility has safe drinking water. Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010 & ORS 329A.500 History: DELC 74-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 5-2018, amend filed 03/23/2018, effective 03/23/2018 ELD 6-2017, f. & cert. ef. 3-27-17 ELD 2-2017, f. & cert. ef. 1-31-17 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0030 Guidance and Discipline The following behaviors by caregivers are prohibited: (1) Using any form of corporal punishment, including, but not limited to: hitting, spanking, slapping, beating, shaking, pinching or other measures that produce physical pain, or threatening to use any form of corporal punishment. (2) Parental request or permission to use any form of behavior listed in subsection (a) of this section, does not give the provider or substitute provider permission to do so. Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500 History: DELC 76-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0035 Nutrition (1) Meals and snacks must be based on the guidelines of the USDA Child and Adult Care Food Program. (2) Foods must be stored and maintained at the proper temperature. (3) Infants must be held or sitting up for bottle feeding. Propping bottles is prohibited. Statutory/Other Authority: ORS 326.425 & ORS 329.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329.020 & ORS 329A.500 History: DELC 77-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0040 Access to Physical Activity (1) Providers must make available activities, materials, and equipment for both indoor and outdoor play that provide a variety of experiences geared to the ages and abilities of the child(ren) with a balance of active and quiet play. (2) Child care children shall not be exposed to more than two hours of screen time per day. All media exposure must be developmentally and age appropriate. Screen time is defined as time spent using a device such as a computer, television, or games console. Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329.010, ORS 329A.020 & ORS 329A.500 History: DELC 78-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0045 Record Keeping (1) The following records, except those specified in OAR 414-180-0045(1)(e), must be kept by the provider for at least one year. These records shall be available at all times to CCLD: (a) Information from the parent(s) for each child at the time of admission: (A) Name and birth date of the child; (B) Any chronic health problem(s), including allergies, the child has; (C) Date child entered care; (D) Names, work and home telephone numbers and addresses, and the work hours of the parent(s) or legal guardian(s); (E) Name and telephone number of person(s) to contact in an emergency; (F) Name and telephone number of person(s) to whom the child may be released; (G) Health history of any problems that could affect the child’s participation in child care. (b) Daily attendance records, including dates each child attended and arrival and departure times for each day. Times shall be recorded as the child care children arrive and depart. (c) Medications administered, including the child's name, and the date and time of dosage and the dosage amount. (d) Injuries to a child. (e) Lead testing results for drinking water for the past 6 years. (2) The provider must have a written statement from the parent(s) regarding whether or not the provider is authorized to obtain emergency medical treatment for a child. Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500 History: DELC 79-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 13-2018, amend filed 10/16/2018, effective 10/16/2018 ELD 4-2018, amend filed 03/06/2018, effective 09/30/2018 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0050 General Requirements (1) CCLD records are open to the public on request. However, information protected by state or federal law will not be disclosed. (2) The name and status of providers is public information. (3) The provider shall report to CCLD: (a) Any death of a child while in care, within 24 hours; (b) Within 24 hours: (A) Any child that is lost or missing from the premises; (B) Any child that is left behind on a facility excursion; (C) Any child that is left unattended on the premises; (D) Any child that is left alone on the playground; or (E) Any child that is left alone in a vehicle. (c) Any serious injury or incident, as defined in OAR 414-180-0010(21) within 5 calendar days after the occurrence. This does not include: (A) Injuries for which a child is evaluated by a professional as a precaution; (B) Injuries for which first aid is administered at the operation, but no further treatment by a medical professional is warranted; or (C) Medical events due to routine, ongoing medical issues, such as asthma or seizures. (d) Any animal bites to a child within 48 hours of occurrence. (4) CCLD may notify parent(s) or guardian(s) of children under 12 months of age enrolled in the regulated subsidy child care program of any valid non-compliance with regulations for safe sleep included in OAR 414-180-0015(15). Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500 History: DELC 80-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 9-2019, amend filed 03/28/2019, effective 03/28/2019 ELD 15-2018, temporary amend filed 10/17/2018, effective 10/17/2018 through 03/30/2019 ELD 14-2018, amend filed 10/17/2018, effective 10/17/2018 ELD 9-2018, temporary amend filed 10/02/2018, effective 10/02/2018 through 03/30/2019 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0055 Enforcement of Regulatory Requirements (1) The provider shall allow an inspection of all areas of the child care facility that are accessible to child care children, and a health and safety review of other areas of the child care facility to ensure the health and safety of child care children. (2) The provider or substitute must allow a representative from the Child Care Licensing Division (CCLD) access to the child care facility any time child care children are present. (3) The provider must allow parents or legal guardians of child care children access to the child care facility during the hours their child or children are in care. Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010, ORS 329A.020 & ORS 329A.500 History: DELC 81-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 5-2018, amend filed 03/23/2018, effective 03/23/2018 ELD 2-2017, f. & cert. ef. 1-31-17 ELD 2-2016, f. & cert. ef. 6-29-16
414-180-0090 Compliance with Child Abuse Reporting Requirements Any caregiver who has reason to believe that any child has suffered or is currently suffering from abuse (physical injury, mental injury, neglect that leads to physical harm, sexual abuse and/or exploitation, or threat of harm) must report the information to the Department of Human Services Child Welfare (DHS) or to a law enforcement agency. By statute, this requirement applies 24 hours per day. Statutory/Other Authority: ORS 326.425 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.505, ORS 329A.010 & ORS 329A.500 History: DELC 82-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 3-2020, amend filed 01/30/2020, effective 01/30/2020 ELD 2-2016, f. & cert. ef. 6-29-16
414-210-0110 Purpose (1) A registered family child care home is defined as a child care facility that is registered to provide child care for a number of children up to the maximum capacity in a residential setting. (2) The purpose of OAR 414-210-0100 through 414-210-1620 is to protect the health, safety, and wellbeing of children when cared for outside their own homes by providing requirements for inspecting, registering, monitoring and otherwise regulating care in a registered family child care home. (3) An individual may not operate a registered family child care home without a valid registration issued by CCLD, 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-0140 Issuance of Registration (1) Upon receipt of a completed application, a registered family child care will be evaluated by a representative of CCLD to determine if it meets all registration requirements. (2) CCLD will issue a regular registered family child care registration when the home is determined to be in compliance with all of these rules. (3) For a registered family child care home, a registration is valid for no more than two (2) years. (4) A registered family child care registration will be issued in the name of the provider. (5) A registered family child care registration cannot be transferred to any other location or to another organization or individual. (6) Registration is limited to one provider per household. (7) The home in which child care is provided must be the residence of the provider. 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
414-210-0160 Exceptions to Rules (1) A provider may request an exception to a rule on a form provided by CCLD for a specified period of time when: (a) A requirement does not apply to the registered family child care; or (b) The intent of the requirement can be met by a method not specified in the applicable rule. (2) An exception request must include: (a) A justification for the requested exception; and (b) An explanation of how the provider will meet the intent of the rule. (3) An exception request will not be granted: (a) To waive the onsite review for applicants applying for an initial registration or renewal of a registration; or (b) If the health, safety, and well‐being of the children or consumer interests of the parents of children in care cannot be ensured. (4) A provider must remain in compliance with the rule as written until CCLD approves the exception request. (5) In certain circumstances, a provider may be granted an ongoing exception that will be reviewed annually to confirm the provider is in compliance with all exception requirements. (6) Each exception request is unique to the applicable registered family child care and is evaluated on its own merits. The granting of an exception to a rule does not set a precedent. (7) CCLD may withdraw approval of an exception at any time, to ensure the health, safety and well‐being of the 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
414-210-0200 Policies (1) A provider must have written information and policies identified in OAR 414-210-0200(1)(a) though (g) and provide them to substitute providers, parents, and volunteers. Information must be provided at the time of enrollment and when information changes. (a) Name, business address, and business telephone number of the person(s) who has immediate responsibility for the daily operation of the home; (b) Parent responsibilities for providing current required information and what parents are expected to provide; (c) Emergency preparedness and response plan (also see OAR 414-210-0210, Emergency Preparedness and Response); (d) Information on transportation, when provided by the provider or other caregiver; (e) Behavior and guidance policy; (f) Prevention of and duty to report suspected child abuse and neglect; and (g) Night care, if provided. (2) As required by state and federal civil rights laws and the Americans with Disabilities Act (ADA), a provider cannot discriminate against any child on the basis of race, religion, color, national origin, gender, marital status of parent, or because of a need for special care. (a) Suspected violations will be reported to the overseeing agency, with whom CCLD may share any information available to it. (b) CCLD may deny an initial or renewal application or revoke a registration if a provider is determined to have discriminated in violation of this requirement by any authority with jurisdiction to make the determination. (3) A provider’s decision whether to provide or continue care for a child known to have specific needs must be made after an individualized assessment is completed. The assessment must be based on information from parents, professionals who are knowledgeable about the child’s care needs, and the provider. The assessment must be documented for each child and must include: (a) Reasonable accommodations the provider made to support the individual child’s participation in the program, or an explanation of why the provider could not make reasonable accommodations; (b) Reasonable modifications the provider made to their policies and practices to fully integrate the child into the program or an explanation of why the provider could not make reasonable modifications; and (c) If applicable, any direct threats to the health and safety of others posed by the child’s presence at the home. 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
414-210-0220 Children’s Records (1) A provider must obtain the following information for each child, in paper or electronic format, prior to the first day of attendance that includes a parent’s signature: (a) The child’s name, date of birth, and home address; (b) Date child entered care; (c) Name(s), home and business address(es) and telephone number(s) of the custodial parent(s) or legal guardian(s); (d) Name and contact information of the person to be called in an emergency if the parent(s) cannot be reached; (e) Name and telephone number of person(s) to whom the child may be released; (f) The name and telephone number of the school that the child attends, if applicable; (g) Name and telephone number of child's medical provider(s) or emergency care facility, if known; (h) Immunization record or exemption as required by OAR 414-210-0225 Immunizations); (i) Authorization to obtain emergency medical care and to transport the child for emergency medical treatment; (j) Developmental and health history of any problems that could affect the child's participation in child care; (k) A written care plan for any child with a specific need as described in OAR 414-210-1050. The written plan must be readily accessible to caregivers caring for the individual child; and (l) Verification that parents have received a copy of the provider’s policies. (2) A provider must ensure that all children’s records are immediately accessible to caregivers during hours of operation for use in an emergency or for children with chronic health issues or specific care needs. (3) A provider must ensure that all children’s records are kept current at all times. (4) A provider must permit parents, upon request, to review records and reports concerning the parent’s own children, with the exception of child abuse and neglect reports. 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
414-210-0225 Immunizations (1) A provider must comply with Oregon Health Authority’s administrative rules (see OAR 333-050-0040) relating to the immunization of children. If a child is enrolled in a public or private elementary school, immunizations are not required to be documented by the child care facility. (2) A provider may provide care for children who are in foster care or experiencing homelessness while parents/guardians are taking necessary actions to comply with immunization requirements of the facility. 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