justicedao/ipfs_state_laws huggingface dataset:
414-310-0440 Center Capacity (1) A school-age center’s licensed capacity is based on a combination of the center’s indoor space, outdoor space, and the number of toilets and sinks. (2) A school-age center may only care for children in activity areas approved by CCLD. (3) A school-age center must have CCLD approval prior to using a new room, activity area, or outdoor space to care for children. (4) A school-age center must not exceed its licensed capacity at any time, including the total number of children in care both at and away from the center. (5) A school-age center shall have a minimum of 50 square feet of indoor activity area per child or may have a minimum of 35 square feet of indoor activity area per child if: (a) The children in care have access to a larger gross motor area, either indoor or outdoor, on a daily basis; or (b) The school-age center has a plan, approved by CCLD, which addresses how the gross motor needs of children in care will be met. (6) Activity space must be available for use by children and used exclusively for child care during the hours of operation. (a) If the school-age center shares a large space, such as a cafeteria, with children who are not enrolled in the school-age center, the center must designate spaces for child care children, such as specific tables. (b) Shelves or storage for children’s materials that are accessible to children may be counted as part of the indoor space. (c) Single use areas such as kitchens, hallways, restrooms, storage areas and closets, rooms designated for staff use such as offices and break rooms, and space occupied by furniture not designed for children’s use such as work space and cabinets must be excluded when determining activity space. (7) A school-age center must provide an outdoor activity space of no less than 75 square feet for each child using the space at one time. (8) A school-age center must provide indoor toilets and sinks that children can safely and easily access. (a) A school-age center must provide one toilet for every 15 children. (b) Urinals may be substituted for one-half the required number of toilets, if there are at least two toilets in the center. Facilities built specifically as child care centers after July 15, 2001 cannot substitute urinals for the required number of toilets. (c) A school-age center must provide at least one handwashing sink for every two toilets. (d) Sinks must be located in the same room or adjacent to the room where toilets are located. (e) Handwashing sinks in the food service area cannot be counted in the required number of sinks. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 102-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 13-2022, amend filed 09/28/2022, effective 01/01/2023 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0470 Toilets and Sinks (1) A school-age center must provide smooth, washable, easily-cleanable walls and floors in the toileting and handwashing areas. (2) A school-age center must provide toilets that: (a) Are supplied with toilet paper; (b) Have doors that can be unlocked from the outside with an opening device readily accessible to staff, if equipped with doors; and (c) Provide privacy, such as being screened, equipped with doors, or having children take turns while supervision is maintained. (3) A school-age center must have handwashing sinks that: (a) Have hot and cold running water, unless the center’s program is in a public school building; (b) Have mixing faucets if the center’s certification was in effect on July 15, 2001 and when toilet facilities are remodeled, and unless the center’s program is housed in a public school building; (c) If self-closing metered faucets are used, provide water flow for at least 15 seconds without the need to reactivate the faucet. Centers with certification in effect on July 15, 2001 must comply with the water flow requirement for self-closing metered faucets and when toilet facilities are remodeled; (d) Have water that does not exceed 120°F; (e) Have liquid soap and paper towels within easy reach of children and dispensed in a sanitary manner with a trash container. Other hand drying options must be approved by the environmental health specialist; and (f) Are not used for preparation of food or drinks, dish washing, rinsing soiled clothing, cleaning equipment that is used for toileting, or for the disposal of any wastewater used in cleaning the center. (4) When plumbing is unavailable to provide a handwashing sink, a school-age center may provide a handwashing sink using a portable water supply and a sanitary catch system, with a written plan approved by a local public health department. A mechanism must be in place to prevent children from gaining access to soiled water or more than one child from washing in the same water. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 104-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0490 Maintenance and Sanitation (1) A school-age center must routinely clean, sanitize and disinfect surfaces and objects that are frequently touched as follows: (a) Clean surfaces with a soap and water solution or spray cleaner and rinse before sanitizing or disinfecting; (b) Mix, use and store cleaners, sanitizers and disinfectants according to label directions; (c) Prevent the contamination of food, food-contact items and surfaces when using cleaners, sanitizers or disinfectants; (d) Ensure sanitizers or disinfectants have an Environmental Protection Agency registration number on the label; and (e) Follow label directions or ensure sanitizers and disinfectants remain on the surface for five minutes. (2) A school-age center must maintain the building, equipment, and vehicles in good repair, in a clean and sanitary condition, and free of clutter and litter. (a) Walls and ceilings must be free from water damage, holes, and peeling paper and paint. (b) Floors must be cleaned by either sweeping or vacuuming at least once per day or more often as needed. (c) Windows and doors must be free of damage such as broken glass and other hazards. (d) The kitchen, toilet rooms, toilets, and sinks must be cleaned and sanitized or disinfected as needed and at least daily. (e) Door knobs and cabinet pulls in toilet rooms must be sanitized when soiled and at least daily. (f) Water tables, similar containers, and water toys must be emptied and sanitized daily or more often if necessary. (3) A school-age center must immediately clean up any spills of biocontaminants, such as urine, feces, blood, saliva, nasal discharge, eye discharge, and other bodily fluids as follows: (a) Staff must use disposable, nonporous gloves when handling biocontaminants; (b) Surfaces must be cleaned and disinfected; (c) Blood-contaminated material must be disposed of in a plastic bag with a secure tie or container with a disposable liner; (d) Gloves must be removed immediately after use, placed in a tied, sealed, or otherwise closed plastic bag and discarded immediately; and (e) Hands must be washed after using and disposing of the gloves. (4) A school-age center must keep all garbage and biocontaminant waste in non-absorbent, easily washable containers. (5) Garbage cans and receptacles must be emptied on a daily basis and cleaned and disinfected as needed. (a) Garbage and waste must be removed from the premises at least once a week. (b) Garbage and waste containers and storage areas must be kept clean and minimize the presence of rodents, flies, roaches and other vermin. (c) Items that cause offensive odors must be disposed of in a covered container. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 106-2024, minor correction filed 05/09/2024, effective 05/09/2024 ELD 13-2022, amend filed 09/28/2022, effective 01/01/2023 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0500 Fire Protection (1) A school-age center must ensure that the building, occupant load, and means of egress, including the number of exits, exiting distances, doors, and exit illumination and signs are maintained in accordance with the requirements of the Oregon Structural Specialty Code. (2) Doorways, exit access paths, passageways, corridors and exits must be kept free of materials, furniture, equipment and debris to allow unobstructed egress travel to the outside. (3) A school-age center must not use rooms for child care that are located above or below the ground floor, except as allowed by the Oregon Structural Specialty Code, and approved by the local or state fire code official. (4) A school-age center must have the size, type and number of fire extinguishers installed, maintained and tested as required by the fire code official. (5) A school-age center must have smoke detectors that are installed, maintained, and tested as required by the fire code official. (6) A carbon monoxide alarm or detector must be installed and tested in accordance with the manufacturer's recommended instructions and located in accordance with the applicable building code. (7) A school-age center must ensure that all areas and equipment of the center are free from fire hazards including combustible materials such as lint build-up in heating and air vents, filters, and dryer vents, gasoline, chemicals, and solvents. (8) A school-age center must not use items with open flames, except for the brief supervised use of candles. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 107-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0510 Furniture (1) A school-age center must ensure that furniture is: (a) Installed, maintained, and used according to the manufacturer's instructions; (b) Cleanable; (c) Safely constructed and lead free, with no sharp, rough, or sharp edges or loose parts; (d) In good working condition and repair with no holes or tears; and (e) Stable or anchored. (2) A school-age center must provide developmentally appropriate table space and seating for all children. (3) A school-age center must provide a safe, washable cot or rest mat for any child who wants to rest, and for a child that needs to be isolated due to illness. (a) Cots and mats must be cleaned and sanitized when soiled and before use by another child. (b) Each mat used for napping must be: (A) Covered with a durable, washable, waterproof, form-fitting material; (B) At least one inch thick; and (C) Free of rips, tears or tape. (4) A school-age center must provide storage space for each child's clothing and personal possessions as well as space for teaching equipment, records and files, and cleaning equipment and supplies. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 108-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0520 Play Materials (1) A school-age center must provide play equipment and materials that are: (a) Appropriate to the developmental needs, interests and abilities of the children; (b) Sturdy and free of sharp points or corners, splinters, protruding nails or bolts, loose or rusty parts, or paint that contains lead or other toxic materials; (c) Have smooth, nonporous surfaces or washable fabric surfaces that are easy to clean and sanitize, or be disposable; (d) In good condition; and (e) Easily accessible to the children. (2) A school-age center must provide a shock-absorbing floor surface under and around indoor-climbing equipment and platforms over 18 inches in height that will effectively cushion the fall of a child. The surface must be installed in the use zone and maintained according to manufacturer's instructions. (3) A school-age center must offer a quantity and variety of play materials (i.e., toys, books, and games) for each age group that is sufficient to: (a) Avoid competition for popular items; (b) Provide a variety of choices to each child; (c) Provide a balance of: (A) Active and quiet activities; and (B) Individual and group activities; (d) Meet the developmental needs of each group of children; and (e) Provide the variety of activities required in 414-310-0400 Activity Plan, as appropriate. (4) A school-age center must provide a variety of developmentally appropriate toys, materials and equipment which give children choices such as manipulatives, language and literary materials, art materials, table games, music, or dramatic play. (5) If engaged in activities that include a tool that could pose a safety risk (e.g., iron, glue gun, woodworking tool), staff must first instruct children in the tool’s proper use and safety measures. A staff person must be actively engaged with the activity to reduce the risk of injury. (6) A school-age center must provide culturally and racially diverse learning opportunities within the center’s curriculum, activities, and materials that represent all children, families, and staff. (a) Equipment and materials that support diversity include, but are not limited to: (A) Diverse dolls, books, pictures, games, or materials that do not reinforce stereotypes; (B) Diverse music from many cultures in children's primary languages; and (C) A balance of different ethnic and cultural groups, ages, abilities, family styles, and genders. (b) A school-age center must actively reflect on the learning opportunities provided in the program to broaden cultural understanding and representation of the cultural backgrounds of the children in the program. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 109-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0540 Handwashing (1) Staff and children shall wash their hands with soap and warm running water: (a) After using the toilet; (b) After assisting someone with toileting; (c) Before handling food; and (d) Before and after eating. (2) Staff and children must either wash their hands with soap and warm running water or use hand sanitizer with alcohol content between 60-95%: (a) After wiping the nose; (b) After coughing or sneezing; (c) When arriving at the center; (d) After outside activities; and (e) After handling pet toys or touching animals, other than dogs and cats. (3) When handwashing is not possible but required by OAR 414-310-0540(1), e.g. on field trips and on the playground, moist towelettes and hand sanitizer with alcohol content between 60-95% shall be used together. (4) For children who are not able to wash their own hands, staff may wash children’s hands with a single-use cloth rather than under running water. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 111-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0560 Injuries (1) A school-age center must have and follow written procedures for handling injuries that are made known to all staff, including: (a) Procedure for requesting or taking a child to emergency medical care; (b) First aid measures for serious accidents; (c) Routine care for treatment of minor injuries; (d) Standard precautions to handle potential exposure to blood and other potentially infectious fluids (see OAR 414-310-0490 Maintenance and Sanitation); (e) Notification of parents: (A) Any injury that may need evaluation by a physician or impact to a child’s head must be reported to the child’s parent(s) immediately and documented. (B) Any injury requiring first aid or requiring observation must be reported to the child’s parent(s) on the day of occurrence. (f) Ensuring supervision of other children in the group. (2) A school-age center must complete a report of any serious injury or incident, and include: (a) The child's full name and age; (b) The date of occurrence, time, type, circumstances, witnesses, and location at the center or off-site; (c) Time and date of notification of parents; (d) The signatures of the reporting staff and program leader; (e) Action taken to prevent reoccurrence; and (f) The signature of the parent indicating that they reviewed it or received a copy of the report within 48 hours of when the incident occurred. An email or text with confirmation of receipt will count as a parent signature. (3) A school-age center must keep written reports of injuries on file in one location and for at least two years. (4) A school-age center must maintain, at a minimum, the following first aid supplies at the center, in any vehicle used to transport children in care, and for group activities away from the center: (a) Non-medicated adhesive bandages (assorted sizes); (b) Adhesive tape; (c) Sterile gauze pads (various sizes); (d) A sling, or a large triangular bandage; (e) Bottled water (for cleaning wounds or eyes); (f) Liquid handwashing soap or handwashing gel; (g) Sealed antiseptic towelettes or solution to be used as a wound cleaning agent; (h) Scissors; (i) Tweezers; (j) Disposable latex-free, powder-free gloves; (k) Plastic bags (for disposing of blood and other body fluids); (l) Mercury-free and glass-free thermometer; (m) Cold pack; (n) Chlorine bleach or other disinfectant for cleaning spills of blood and other bodily fluids; (o) Flexible rolled gauze; and (p) A chart or handbook of first aid instructions. (5) A school-age center must ensure that the first aid supplies are readily available to staff and kept inaccessible to children. (6) A school-age center must maintain the first aid supplies in a clean and sanitary manner and replace them as needed, including expired items. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 113-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 13-2022, adopt filed 09/28/2022, effective 01/01/2023
414-310-0580 Care of Children with Specific Needs When caring for a child who has or is at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who requires health and related services of a type or amount beyond that required by children generally, a school-age center must have a written care plan that includes: (1) A list of the child’s diagnosis/diagnoses; (2) Contact information for the primary care provider and any relevant sub-specialists (i.e., endocrinologists, oncologists, etc.); (3) Medications to be administered on a scheduled basis; (4) Medications to be administered on an emergency basis with clearly stated parameters, signs, and symptoms that warrant giving the medication written in language that is easy to understand; (5) Procedures to be performed and person responsible for training staff members; (6) Allergies; (7) Dietary modifications required for the health of the child; (8) Activity modifications; (9) Environmental modifications; (10) Stimulus that initiates or precipitates a reaction or series of reactions (triggers) to avoid; (11) Symptoms for staff to observe; (12) Behavioral modifications; (13) Emergency response plans – both if the child has a medical emergency and special factors to consider in a programmatic emergency, like a fire; (14) Any necessary special skills training and education for staff and the person responsible for training staff members; and (15) Any individualized services ( e.g. occupational therapy, speech services) that will be provided at the center. If the individualized service required the child be out of direct supervision of child care staff, parental permission is required. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 115-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0620 Meals and Snacks (1) Meals and snacks for children must be: (a) Prepared on-site; (b) Obtained from a source approved by the Oregon Health Authority; or (c) Provided by parents. (2) A school-age center must ensure that all meals, snacks and beverages follow the current USDA Child and Adult Care Food Program (USDA-CACFP) meal pattern requirements including portion sizes. (3) A school-age center must develop weekly or monthly written menus that show all foods to be served during that period and make the menus available to parents. (a) Substitutions that meet nutritional requirements are permitted but must be recorded and made available to parents. (b) Menus may be rotated if there is a record of which menu was used for each date. (4) A school-age center must select and serve food that is safe and has nutritional value. (a) Foods of minimal nutritional value, such as gelatin or desserts, may only be served occasionally and cannot replace nutritious foods. (b) All food products served by the center or brought from individual homes for a group of children must have been inspected and come from commercial suppliers, except for: (A) Fresh or frozen fruits and vegetables; and (B) Foods brought by parents and only consumed by their child. (c) A school-age center must serve beverages consisting only of water, milk or nutrionally equivalent milk substitute, and fruit or vegetable juice. (A) Fruit and vegetable juice must be pasteurized 100 percent juice. (B) Milk must be Grade A pasteurized and fortified milk. (C) Pasteurized powdered milk and evaporated milk must only be used in cooking. (D) A parent may request that their child not be served milk. A school-age center must obtain written parental permission to not serve milk to a specific child. This must be at the parent’s request, on a case-by-case basis, and not a center-wide policy. (d) The following foods must not be served or offered in uncooked food, served or offered in a ready-to-eat form: (A) Raw animal foods such as raw fish, raw meat or raw eggs; (B) Partially cooked animal food such as lightly cooked fish, rare meat, soft cooked eggs and meringue; (C) Raw seed sprouts; (D) Home canned food; (E) Food additives and preservatives that are not FDA-approved. (e) Nutrient concentrates and supplements (protein powders, liquid proteins, vitamins, minerals, and other nonfood substances) must not be served to a child without a written statement of parental consent and written instructions from a medical practitioner. (f) Special diets, not including vegetarian diets, may only be served to a child with written instructions from a registered dietician or medical practitioner and written parental consent. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 119-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022