justicedao/ipfs_state_laws huggingface dataset:
414-360-0255 Record Retention and Access (1) A provider must retain the following records for two (2) years: (a) After their initial creation for identified Program Records in OAR 414-360-0250; (b) After termination of employment for identified Caregiver Records in OAR 414-360-0240; (c) After termination of care for documentation of parent permissions listed in OAR 414-360-0230; (d) After termination of care for identified Children’s Records in OAR 414-360-0220 ; and (e) After initial creation, vehicle records identified in OAR 414-360-1230(2). (2) A provider must retain menus as described in OAR 414-360-1100(13) for three weeks after creation. (3) A provider may store records off site that are older than one (1) year but they must be made available within 48 hours, upon request. A provider must make all other records required by these rules available to CCLD at all times. (4) A provider must have at least one caregiver on site who can access any records that are stored in paper or electronic formats. (5) Electronic records, including but not limited to Children’s Records, Caregiver Records and current day’s attendance record, must be portable for use during an emergency evacuation. (6) If using electronic records, the provider 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 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0260 Items Available for Review (1) A provider must display the following near the entrance, or in some other area of the home where they may be clearly viewed by parent(s) and caregivers of children in care: (a) The most current certification issued by CCLD; (b) All serious valid complaints and serious non‐compliance letters for 12 calendar months from the date of the letter; (c) A notice of any current or pending legal sanctions posted immediately and while in effect, including throughout any appeal period; (d) The DELC website [www.oregon.gov/DELC] and phone number [1-800-556-6616], and a statement advising parents that they can access information about their child care provider on the child care safety portal; and (e) A notice that the items listed in (3) of this rule are available. (2) A provider shall display a floor plan identifying the locations of the following near the entrance, or in some other area of the home where they may be clearly viewed by all individuals responsible for evacuation procedures: (a) Exits; (b) Primary evacuation routes; (c) Secondary evacuation routes; and (d) Fire extinguishers. (3) A provider must have the following items available in a prominent and frequently visited location for the parents and public to view: (a) The most recent CCLD inspection and rules for certification of child care homes are available upon request; (b) The most recent water test results summary provided by CCLD (also see OAR 414-360-0820, Water Supply and Plumbing); (c) Information on how to report a complaint to CCLD regarding certification requirements; (d) The Oregon Child Abuse and Neglect Hotline number and requirement to report suspected abuse or neglect; (e) A notice that parents must be permitted access to their child and all child care areas while their child is in care. Advance notice is not required. (f) The provider’s behavior and guidance policy; (g) Emergency numbers to include 9-1-1, where available, or local law enforcement, local mental health crisis line, fire department, and ambulance service; (h) A daily schedule, as identified in OAR 414-360-0520; (i) The current week’s menu with substitutions recorded; and (j) A plan to ensure that any visitor or other adult not enrolled or conditionally enrolled in the CBR does not have unsupervised access to children. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0300 General Caregiver Requirements (1) A provider must ensure that all caregivers, volunteers and household members who have supervised or unsupervised access to child care children: (a) Comply with certification rules; (b) Recognize and act to correct hazards to physical safety, both indoors and outdoors; (c) Demonstrate good judgment as evidenced by responsible behavior that reasonably ensures the health and safety of children; and (d) Have not consumed nor are under the influence of any substance that impairs their ability to care for children. “Under the influence" means observed abnormal behavior or impairments in mental or physical performance leading a reasonable person to believe the individual has used alcohol, any controlled substances (including lawfully prescribed and over-the-counter medications), marijuana or inhalants that impairs their performance of essential job function or creates a direct threat to child care children or others. (2) All caregivers, including the provider must: (a) Individualize the care and learning opportunities to meet each child's needs based upon the child's age and abilities, including reviewing the information provided by parents while respecting confidentiality; (b) Be physically capable of performing duties related to child care; (c) Relate to children with courtesy, respect, acceptance, and patience; (d) Demonstrate realistic expectations for behavior based on the age, abilities, and needs of children; (e) Recognize and respect the uniqueness and potential of all children, their families, and their cultures; (f) Report suspected abuse, neglect, and exploitation in accordance with Oregon law (also see OAR 414-360-0270, Notifications); and (g) Have the required training and experience for the position they are filling. (3) A provider must ensure that any person who has demonstrated behavior that could endanger the health, safety or wellbeing of a child is not on the premises during child care hours nor has access to children in care. Residents of the home are considered to have access to the child care children even if they are not generally at home during hours of operation. (4) Any caregiver known or appearing to have a child care‐restrictable disease, as defined in OAR 333‐019‐0010, a symptom of physical illness as described in OAR 414-360-1010(1)(b)(A) through (K), or mental incapacity that poses a threat to the health or safety of children shall be relieved of their duties. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 & ORS 329A.290 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0340 Duties and Qualifications of Assistants (1) Assistants may be included in the caregiver-to-child ratio calculation. (2) An assistant I must: (a) Be at least 14 years of age; (b) Meet initial training requirements (see OAR 414-360-0370(3), Orientation and Initial Training); (c) If under the age of 18, be within sight AND sound of a caregiver who meets the qualifications of provider or substitute provider. If under 18 years old, an assistant 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 caregiver who meets the qualifications of the provider or substitute provider, at all times while with children. (3) An assistant II must: (a) Be at least 18 years of age and enrolled in the CBR; (b) Have completed all Orientation and Initial Training Requirements (OAR 414-360-0370)(3); and (c) Meet Annual Training requirements (OAR 414-360-0380). (4) With the approval of the provider, an assistant II may be out of sight and sound of the provider with a group of children. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0360 Volunteers (1) If a volunteer is counted in determining caregiver-to-child ratios, the volunteer must: (a) Meet the qualifications for the position they are filling, including CBR enrollment; (b) Meet the orientation and initial training requirements (see OAR 414-360-0370(3)); and (c) Meet the annual training requirements for the position they are filling. (2) If volunteers may have unsupervised access to children, they must be enrolled in the CBR. (3) If volunteers do not have unsupervised access to children at any time, including during emergencies, a provider must have a written policy to this effect. The policy must be known to all caregivers and volunteers, and the volunteers do not have to be enrolled in the Central Background Registry. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0370 Orientation and Initial Training (1) Prior to being issued an initial certificate, a provider must complete: (a) Introduction to Child Care Health & Safety Training; (b) A minimum of two hours of training on child abuse and neglect that is specific to Oregon law; (c) Safe Sleep for Oregon’s Infants; (d) Current certification in pediatric CPR and first aid. CPR training must have practical hands-on instruction. CPR courses that involve an on-line component with hands-on instruction may be accepted. Strictly on-line CPR training is not acceptable; (e) Foundations for Learning child development training; and (f) Oregon food handler’s certification. (2) The provider’s Oregon food handler’s certification and pediatric CPR and first aid certification must remain current while the certification is active. (3) A provider must ensure that all caregivers, including substitutes: (a) Receive an orientation within the first 10 business days of working in the home and before caregivers have unsupervised access to children. An orientation must include, but is not limited to: (A) A review of the rules for certified family child care homes; (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) Building and 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) Safe sleep practices, prevention of shaken baby syndrome, abusive head trauma, and child maltreatment; (G) The provider’s policies, as required under OAR 414-360-0200, Policies; and (H) Procedures for reporting suspected child abuse or neglect. (b) Complete the following within 30 days of beginning work in the home and prior to having unsupervised access to children: (A) Introduction to Child Care Health and Safety; (B) A minimum of 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law; and (C) Safe Sleep for Oregon's infants. (c) Complete the following within 90 days of beginning work in the home and prior to having unsupervised access to children: (A) Current certification in pediatric CPR and first aid. On-line 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 family child care home; and (B) Foundations for Learning child development training. (d) Obtain an Oregon food handler’s certification prior to preparing and serving food and/or bottles. Food handler’s certification must remain current during employment at the certified family child care home. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0380 Annual Training A provider must ensure the following training requirements are met for each caregiver: (1) The provider and each assistant 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 providers and substitute assistant IIs who provide care for 240 hours or more per licensing period must meet annual training requirements identified in OAR 414-360-0380(1). Assistant II that substitute for the provider must meet annual training requirements identified in OAR 414-360-0380(1). (3) Caregivers 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 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0385 Training Criteria (1) The provider and all caregivers employed by a certified family child care home must have an active account with ORO. Caregiver training must meet the following requirements: (a) Be approved by ORO; and (b) Be at least 1 hour in duration. (2) The following core knowledge categories (CKCs) are accepted for the child development and early childhood education requirement: 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. (3) A certified family child care may count the following initial required caregiver training toward the 15 clock hours of annual training during the first year of employment. These hours, with the exception of (f) 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 caregiver’s hire date; (b) Pediatric CPR and first aid training; (c) Food handler’s training; (d) CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law; (e) CCLD Introduction to Child Care Health and Safety training; and (f) Foundations for Learning child development training. (4) During subsequent years of employment, caregivers may count the following repeated training as part of the 15 clock hours of training: (a) Up to 5 hours of pediatric CPR and first aid training or food handler's training; (b) CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law, but only 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 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0400 Children in Care & Caregiver to Child Ratios (1) The number of caregivers shall be determined by the number and ages of the children in attendance. The required caregiver-to-child ratios shall be met at all times. This includes: (a) All child care children, as defined in OAR 414-360-0100(11); (b) The provider's own child(ren), including foster child(ren), 9 years of age or younger; (c) All other caregivers' own children age 12 years or younger; (d) Any other children age 12 years or younger for whom the provider is responsible; and (e) Any child(ren) age 17 years or younger, including the provider's own children, foster children, child care children, or other children for whom the provider is responsible, with special needs or disabilities who require a level of care that is above normal for the child's age. (2) Other children, including but not limited to relatives, neighborhood children or friends of the provider’s children, are included in the maximum number of children allowed in care if present in the child care home during operating hours on a regular basis or if present on an occasional basis without being directly supervised by the child’s parent or other adult who is not also caring for child care children. (3) No child younger than 6 weeks of age can be in care in a certified family child care home. This does not include the provider's child(ren). (4) The number of caregivers is determined by the age and number of the youngest child(ren) in the group. The caregiver to child ratio requirements identified in Table A of this rule must be met at all times. (5) If all children in care are school-age, the caregiver-to-child ratio is 1:15. (6) Even though caregiver-to-child ratios are specified in Table A above, a certified family child care may care for 10 children ages 6 weeks to school-age if: (a) No more than 6 children are preschool age or younger, including the provider's own children and any caregivers’ children; (b) Of the 6, only 2 children are under 24 months of age; and (c) Four of the children are school-age. (7) If infants are in care and sharing the same activity area as older children, a provider must have a written plan that addresses how caregivers will ensure safety of infants who are not yet crawling. The plan must be implemented when infants that are not yet crawling share the same activity area as older children. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0500 Supervision (1) A provider must ensure that children have the full attention of the required number of caregivers at all times who must: (a) Be aware of what each child is doing; (b) Be near enough to children to assist and respond when needed; and (c) Be within sight or sound of children at all times, without relying on audio or video device. Children out of direct visual contact shall be monitored regularly and frequently and must be in approved activity areas. (2) When more than one caregiver is required to meet caregiver-to-child ratios, one caregiver may undertake other activities that directly support the care and education of the children for a temporary time period. Such activities include, but are not limited to, cleaning up after an activity, preparing items for a new activity, or cooking meals. This caregiver must be within sight or sound of children, be available and able to respond if needed, but does not have to provide their full attention to children. (3) When children under 36 months are playing outside, a caregiver must be outside supervising the children. (4) A provider must ensure sufficient light in any room where children are napping or resting so that caregivers can clearly see each child’s face from any point in the room. (5) Background noise (e.g. music, sound machine, white noise machine) must not be so loud as to prevent a caregiver from being able to respond to the needs of the children. (6) When caregivers are in a separate room from children, doors shall be kept open wide enough so that caregivers can easily step into the room to do frequent audio and visual checks of the children. (7) Children may not be on a floor level of the home unless a caregiver is on the same floor. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0510 Creating a Health Climate for Children (1) When communicating or interacting with children, a provider must ensure caregivers maintain an environment for healthy, culturally responsive child development. Examples of this may include: giving encouragement and positive feedback, modeling active listening and respectful communication, speaking to children at their eye level, giving kind greetings and goodbyes, validating feelings and ideas, using a calm and encouraging tone of voice, and being curious about the individuality of every child and family. (2) A provider must ensure that caregivers encourage positive interactions between children. Examples of this may include: modeling social skills and empathy, helping children understand the feelings of others, providing support to children who find it difficult to make friends, and encouraging play between children of all abilities and backgrounds. (3) When lifting or moving a child, caregivers must do so in a manner that provides safety and comfort for the child. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-0600 General Requirements for the Care of Infants and Toddlers (1) For infants and younger toddlers, a provider must obtain the following information (also see OAR 414-360-0220, Children’s Records): (a) Schedule of feeding; (b) Types of food introduced and timetable for new foods; (c) Sleep schedule; and (d) Child's way of communicating and being comforted. (2) A provider must be responsive to each infant and toddler’s individual, physical, and developmental needs. (3) A provider must ensure infants and young toddlers are allowed: (a) To form and follow their own pattern of sleeping and waking periods; (b) Opportunities throughout the day to move freely in a safe, clean, open, and uncluttered area; and (c) Opportunities to interact and be near one another. (4) A provider must ensure that an awake child is not left in a play yard, for the purposes of playing, for more than 30 minutes in any 2 hour period. (5) Restrictive infant equipment, including, but not limited to, bouncers, exersaucers, swings, infant seats, high and low chairs or structured infant carriers may be used for no more than 30 minutes in any 2 hour period. (a) Children who are actively engaged in eating, outdoor walks, or car rides can exceed the 30 minute limit for restrictive infant equipment used in these activities. (b) Car seats may not be used except for transportation purposes. (6) Throughout the day, a provider must engage each infant and toddler in frequent, multiple, and social interactions by providing physical contact and individual attention (e.g., being held, rocked, talked to, sung to, and taken on walks inside and outside the home). (7) A provider must encourage the development of self-help skills (dressing, toileting, washing, eating) as children show interest. (8) All caregivers must take appropriate precautions to prevent shaken baby syndrome and abusive head trauma. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025