justicedao/ipfs_state_laws huggingface dataset:
414-320-0140 Issuance of Certification (1) Upon receipt of a completed application, a certified ONB program will be evaluated by a representative of DELC to determine if it meets all certification requirements. (2) DELC will issue a regular certified ONB program certification when the ONB program is determined to be in compliance with all of these rules. A regular certified ONB program certification is valid for no more than 12 months. (3) DELC will issue a temporary certified ONB program certificate when the program is determined to be in compliance with most of these rules, DELC has not identified deficiencies that are hazardous to children, and the operator demonstrates an effort to be in full compliance. (a) DELC may issue a temporary certified ONB program certification when a renewal application is submitted less than 30 days prior to the certification expiration date or in response to an initial application. (b) A certified ONB program may not operate under a temporary certification for more than 180 days in any 12‐month period. (c) DELC may deny an initial or renewal application or revoke a temporary certificate if deficiencies continue while the temporary certification is in effect. (4) A certified ONB program may not operate after expiration or revocation of a temporary certificate unless a prior regular certification is active due to a renewal application submitted more than 30 days before the regular certification expiration date. (5) A certified ONB program certificate cannot be transferred to any other location or to another organization or individual. (6) A certified ONB program must request in writing to DELC any changes in the conditions of the certificate such as ONB program capacity, age range of children, changes in use of licensed program space, location of outdoor classroom(s), or hours of operation. A certified ONB program must receive approval from DELC before making such changes. Statutory/Other Authority: ORS 329A.260, ORS 329A.390 & ORS 329A.346 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-0150 Certification Process (1) A certified ONB program must comply with the conditions of the certificate when admitting children, including, but not limited to, capacity, hours of operation, age range, and special conditions. (2) A certified ONB program must allow representatives of all agencies involved in certification to have immediate access to all areas of the ONB program and premises when child care children are present, including: (a) Areas deemed inaccessible to children, including areas not typically used for child care, second floors and other structures on the property; (b) Records of children enrolled in the certified ONB program, and all records and reports related to the child care operation regarding compliance with these rules; and (c) All staff. (3) A certified ONB program space must be located: (a) On a site that does not have any known environmental hazards, except for natural hazards that have not been created or caused by humans and are a part of the natural physical features of the outdoors; and (b) In an area served by emergency fire, medical, and police during the hours the ONB program provides care to children. (4) A certified ONB program operating hours must be approved by DELC. Certified ONB programs shall not operate between the hours of 7:00pm and 6:00am. (5) An ONB program certification may be denied, suspended or revoked if the owner has been removed, denied or suspended from the CBR. (6) If a complaint alleges that a certified ONB program is not in compliance with these rules, DELC will conduct an investigation and assessment as provided in OAR 414-075-0130. (7) CCLD may conduct unannounced monitoring visits of a certified ONB program at least annually for the purpose of determining compliance with these rules and terms and conditions of certification. (8) In connection with a monitoring or investigation visit, DELC may offer technical assistance when appropriate to assist the certified ONB program in complying with these rules and provide technical assistance when requested by the provider. (9) Information provided by or on behalf of the certified ONB program provides to DELC on applications, in records or reports, or any other written or verbal communication must be current, complete, and accurate. (10) Parental request or permission to waive any of the rules for the certification of ONB programs does not give a certified ONB program permission to do so. (11) DELC certification records are open to the public on request, including findings of complaint investigations. However, information protected by state or federal law and the names of children and adults will not be disclosed. Statutory/Other Authority: ORS 329A.260, ORS 329A.390 & ORS 329A.346 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-0160 Exceptions to Rules (1) A certified ONB program may request an exception to a rule on a form provided by DELC for a specified period of time when: (a) A requirement does not apply to the certified ONB program; 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 certified ONB program will meet the intent of the rule. (3) An exception request will not be granted: (a) If the requirement is established by state statute or federal law; or (b) If the health, safety, and well‐being of the children cannot be ensured. (4) A certified ONB program must remain in compliance with the rule as written until DELC approves the exception request. (5) In certain circumstances, a certified ONB program may be granted an ongoing exception that will be reviewed annually to confirm the ONB program is in compliance with all exception requirements. (6) Each exception request is unique to the applicable certified ONB program and is evaluated on its own merits. The granting of an exception to a rule does not set a precedent. (7) DELC 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.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-0215 ONB Benefit Risk Assessments Certified ONB programs must have and follow benefit-risk assessments and risk management plans approved by DELC. These assessments and plans must be submitted to DELC on a form provided by DELC and be available for DELC review at the time of initial licensing. An amended assessment or plan cannot be implemented until DELC has approved it. Benefit-risk assessments must include, but are not limited to, the following criteria: (1) Information about the site or sites that will be used by the certified ONB program on a regular basis. (2) Different seasons of the year such as summer versus winter plans, based on how conditions change within ONB sites and locations used by the certified ONB program on a regular basis. (3) Risky play activities including, but not limited to, the following: (a) Climbing natural features pursuant to OAR 414-320-1320; (b) Water activities pursuant to OAR 414-320-1300; (c) Using tools pursuant to OAR 414-320-1340; (d) Plant foraging pursuant to OAR 414-320-1310; (e) ONB program pets pursuant to OAR 414-320-1400; (f) Campfire activities pursuant to OAR 414-320-1330; and (g) Activities near water, cliffs, steep slopes, or other potentially hazardous natural features. (4) Guidance for when increased staffing is necessary, and provide guidance for the development of the applicable risk management policies and procedures described in OAR 414-320-0200, Policies. 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
414-320-0220 Children’s Records (1) A certified ONB program must obtain the following information for each child, in paper or electronic format, prior to the first day of attendance that includes the parent’s signature: (a) The child’s name, date of birth, and home address; (b) Date the 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 applicable; (h) Immunization record or exemption that is updated when the child receives additional vaccines (also see OAR 414-320-0225, 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) Signed permission forms allowing the child to participate in risky play activities; (l) A written care plan for any child with a specific need as described in OAR 414-320-1050, Care of Children with Specific Needs. The written care plan must be readily accessible to caregivers caring for the individual child; and (m) Verification that parents have received a copy of the ONB program policies. (2) A certified ONB program 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 certified ONB program 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. (4) A certified ONB program must have the parent or guardian review, update, and sign or initial the enrollment form at least annually. 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
414-320-0225 Immunizations (1) A certified ONB program 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 certified ONB program 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 certified ONB program. 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
414-320-0235 Arrival and Departure (1) A certified ONB program shall require that any individual bringing a child to the ONB program remain with the child until the child is accepted by staff. (2) A certified ONB program may only release a child to a parent or another individual named and identified by the parent(s). An individual picking up the child must show identification if not known to staff. (3) If a school-age child has parental permission to arrive or depart on their own (in accordance with OAR 414-320-0230(1)(f)), a staff member must sign the child in or out, as appropriate. (4) Except as excluded by a court order, a parent must be permitted access to their child and all child care areas while their child is in care. Advance notice is not required. 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
414-320-0240 Staff Records A certified ONB program must maintain current personnel records for each staff member, in paper or electronic format, which include: (1) Name, address and telephone number of the staff member; (2) Job title and duties; (3) Dates of first and, if no longer a staff member, last day on the job; (4) Emergency contact information; (5) Completed employment application or resume; (6) Evidence of education and qualifying work experience showing that the staff member meets the qualifications for the position held; (7) The CBR confirmation letter sent from DELC to a certified ONB program. If a certified ONB program does not yet have a CBR confirmation letter for the staff member, a certified ONB program must have written documentation that the certified ONB program has verified with DELC that the staff member is enrolled in the CBR and linked to the ONB program in DELC’s records. Documentation must include the date, time, and name of the DELC staff member the certified ONB program spoke with; (8) Current first aid and CPR training certificate, per OAR 414-320-0370(3), and wilderness first aid training certificate, if wilderness first aid certification is required, per OAR 414-320-0300(4); (9) Current food handler certification, if applicable, per OAR 414-320-0370(4); (10) Documentation of training and ability to properly build and extinguish a campfire, if applicable, per OAR 414-320-1330(4); (11) Documentation of training and ability to properly use ONB tools, if applicable, per OAR 414-320-1340 (9); (12) Driving record, driver's license number and expiration date if the staff member is to transport children; (13) Evidence of the staff member’s participation in an orientation, as outlined in OAR 414-320-0370; and (14) A statement signed and dated by the staff member showing they have access to the certified ONB program's policies and the rules for the Certification of Outdoor Nature-Based Child Care Programs. 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
414-320-0250 Program Records A certified ONB program must maintain the following program records, either in paper or electronic format: (1) The current day’s attendance record for each group of children. All caregivers must have access to the attendance records to determine which children are in care during their work shift, changes in caregivers, and emergency evacuations. The daily attendance record must include: (a) The child’s full name; and (b) Times recorded as children arrive and depart so that the record shows the children in attendance at any given time. (c) If a group of children separates from the larger group, the responsible staff member must have a method to account for the children in the separate group, such as a written list of the children’s names. (2) Daily staff attendance records to include: (a) The staff member’s name; (b) Times recorded as staff arrive and depart so that the record shows the staff member in attendance at any given time; and (c) Group assignment. (3) Written reports of injuries as identified in OAR 414-320-1020 (2), Injuries; (4) A visitor log to document all adults, excluding persons authorized to drop off and pick up a child, that includes name, relationship to ONB program (e.g., volunteer, vendor, guest, etc.), and recorded time in and out of the program. (5) Documentation of the administration of any medication that includes: (a) The child’s name; (b) Medication administered; (c) The date and time when medication was administered; (d) The dosage or amount of medication administered; (e) Any side effects exhibited by the child; and (f) The signature of the person who administered the medication (also see OAR 414-320 -1030, Medications). (6) Written record of suspected child abuse and neglect reports made to the Department of Human Services Child Welfare or law enforcement. (7) Written records regarding emergency preparedness and fire prevention such as dates of drills (also see OAR 414-320-0210, Emergency Preparedness and Response, and OAR 414-320-0860, Fire Protection). 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
414-320-0255 Record Retention and Access (1) A certified ONB program must retain the following records for two (2) years: (a) After their initial creation for identified Program Records in OAR 414-320-0250; (b) After termination of employment for identified Staff Records in OAR 414-320-0240; (c) After termination of care for Documentation of parent permissions listed in OAR 414-320-0230; (d) After termination of care for identified Children’s Records in OAR 414-320-0220; and (e) After initial creation for identified Vehicle Records in OAR 414-320-1240. (2) Menus for meals and snacks served by a certified ONB program must be retained for three (3) weeks. (3) A certified ONB program may store records off site that are older than one (1) year but they must be made available within 48 hours, upon request. A certified ONB program must make all other records required by these rules available to DELC at all times. (4) A certified ONB program must have at least one caregiver on site at all times who can access any records that are stored in paper or electronic formats. (5) Electronic records must be portable for use during an emergency evacuation. (6) If using electronic records, the certified ONB program must have procedures in place to ensure prompt access, including an on- or off-site electronic back-up method to ensure access in the event of data loss. 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
414-320-0340 Duties and Qualifications of Teachers (1) A certified ONB program's teachers are responsible for: (a) The supervision of their assigned group of children at all times; and (b) The supervision of any aides or volunteers assigned to their group. (2) A certified ONB program's teachers must: (a) Be at least 18 years of age; (b) Meet the initial (see OAR 414-320-0370) and annual training (see OAR 414-320-0380) requirements; (c) Have completed 10 hours or 1 college quarter credit of nature-based education training approved by DELC; and (d) If working with preschool-age only children, meet the experience and training qualification requirements for their assigned age group in one of the following options: (A) At least 750 hours of qualifying teaching experience in a Certified Child Care Center or comparable group care program in the appropriate age level, of which 250 hours must be in an outdoor education environment; (B) 1,500 hours of qualifying teaching experience in Registered Family or Certified Family child care; (C) Documentation of attaining at least step 6 in the Oregon Registry; (D) 9 quarter credits or 6 semester credits in at least two Core Knowledge Categories (3 quarter credits or 2 semester credits must be in HGD or UGB); (E) A minimum of an associate’s degree from a college or university with a major in early childhood education, child development, special education, elementary education, human development, child and family studies; or (F) A state or nationally recognized credential, e.g. Child Development Associate (CDA); and (e) If working with school-age children, meet the experience and/or training qualification requirements in one of the following options: (A) 60 hours experience working with children in the certified ONB program classroom AND completion of 20 clock hours of training, completed within the last 5 years, focused on school-age child care that meets the following core knowledge areas criteria: 5 clock hours in UGB, 5 clock hours in LEC, 5 clock hours in HGD, and 5 clock hours in PM; (B) At least 240 hours of qualifying experience working with school-age children in the last 5 years in licensed child care facility or comparable group care program, of which 80 hours must be in an outdoor education environment; (C) At least an associate’s degree in early childhood education, child development, elementary education, special education, physical education, recreation, human development, child and family studies, or home economics; or (D) At least Step 6 in the Oregon Registry. 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
414-320-0350 Duties and Qualifications of Aides (1) An aide I must: (a) Be at least 14 years old; (b) Meet the initial training requirements (also see 414-320-0370, Orientation and Initial Training); (c) If under 18 years of age, be within sight AND sound of a staff person who meets the qualifications of a teacher or aide II, as specified in 414-320-0350(3)(a), at all times with children. If under 18 years old, an aide I may never be left alone with a child or group of children; (d) If 18 years of age or older, be within sight OR sound of a staff member who meets the qualifications of a teacher or aide II, as specified in 414-320-0350(3)(a), at all times while with children, except when: (A) Accompanying a child or a group of children to the bathroom; (B) Providing minor medical attention to a child; or (C) A child is ill and has been separated from the other children until the child leaves the ONB program. (2) An aide II must: (a) Be at least 18 years of age; (b) Meet initial (see OAR 414-320-0370, Orientation and Initial Training) and annual training requirements (see OAR 414-320-0380); and (c) Have at least 240 documented hours of experience as an aide I or aide II, of which at least 80 hours must be at the certified ONB program where the individual is currently employed. (3) An aide II may not be alone with a group of children except when: (a) Supervising a group of children and aide I to cover for staff breaks, provided staff-to-child ratios are maintained, and there is another staff who is teacher or director qualified present on the ONB program premises; (b) Times identified in 414-320-0350(2)(d)(A) through (C); or (c) Transporting 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
414-320-0360 Other Staff and Volunteers (1) A certified ONB program must ensure that substitutes counted in the staff-to-child ratio meet qualifications and initial training requirements for the position they hold. (2) If a certified ONB program uses a volunteer to meet staff-to-child ratios, the certified ONB program must document how the volunteer meets the qualifications of the position they are filling, including CBR enrollment. (3) A certified ONB program must ensure that all program staff and volunteers are aware of the policy that volunteers who do not meet staff requirements must be at least 13 years of age and not have unsupervised access to children. (4) Volunteers under the age of 14 must have written permission from their parent or guardian. (5) Unless participating in a structured volunteer program, volunteers under the age of 14 may be on the premises of the certified ONB program for no more than 4 hours per day. (6) A certified ONB program must identify the duties for each volunteer and share them with the volunteer and ONB program staff in writing prior to the volunteer beginning work at the certified ONB program. 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