justicedao/ipfs_state_laws huggingface dataset:
414-305-0160 Exceptions to Rules (1) A certified child care center 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 center; 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 center 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 child care center must remain in compliance with the rule as written until CCLD approves the exception request. (5) In certain circumstances, a certified child care center may be granted an ongoing exception that will be reviewed annually to confirm the center is in compliance with all exception requirements. (6) Each exception request is unique to the applicable center 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.260 History: DELC 26-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0220 Children’s Records (1) A certified child care center 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 414-305-0225 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 must be readily accessible to those caring for children with chronic health issues or specific care needs such as allergies, previous serious illnesses or injuries, and medications prescribed for continuous, long-term use (also see OAR 414-305-1050, Care of Children with Specific Needs); and (l) Verification that parents have received a copy of the center policies. (2) A certified child care center 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 child care center must permit parents, upon request, to review records and reports, except for child abuse reports, on their own children. (4) A certified child care center 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.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0225 Immunizations (1) A certified child care center 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 child care center 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 center. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0235 Arrival and Departure (1) A certified child care center shall require that any person bringing a child to the center remain with the child until the child is accepted by staff. (2) A certified child care center may only release a child to a parent or another person named and identified by the parent(s). A person picking up the child must show identification if not known to staff. (3) A certified child care center must also be in compliance with OAR 414-305-0270 Notifications, OAR 414-305-0230 Parental Permissions, and OAR 414-305-0200 Policies. (4) If a school-age child has parental permission to arrive or depart on their own (also see OAR 414-305-0230(1)(f), Parental Permissions), a staff member must sign the child in or out, as appropriate. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0240 Staff Records A certified child care center must maintain current personnel records for each staff, in paper or electronic format, which include: (1) Name, address and telephone number of staff; (2) Job title and duties; (3) Dates of first and last days on the job; (4) Emergency contact information; (5) Completed employment application or resume; (6) Evidence of education and qualifying work experience showing that the person meets the qualifications for the position; (7) The CBR confirmation letter sent from CCLD to a certified child care center. If a certified child care center does not yet have a CBR confirmation letter for staff, a certified child care center must have written documentation that the certified child care center has verified with CCLD that the staff is enrolled in the CBR and linked to the center. Documentation must include the date, time, and name of the CCLD staff member the certified child care center spoke with; (8) Current first aid and CPR training certificate; (9) Current food handler certification, if applicable; (10) Driving record, driver's license number and expiration date if the person is to transport children; (11) Evidence of participation in an orientation; and (12) A statement signed and dated by the employee showing they have access to the center’s policies and the rules for the Certification of Child Care Centers. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 29-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0300 General Staffing Requirements (1) A certified child care center must ensure that all staff, including persons not counted in the staff-to-child ratio and volunteers: (a) Know and 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; (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; (e) Relate to children with courtesy, respect, acceptance, and patience; (f) Demonstrate realistic expectations for behavior based on the age, abilities, and needs of children; (g) Recognize and respect the uniqueness and potential of all children, their families, and their cultures; (h) Report suspected abuse, neglect, and exploitation in accordance with Oregon law (also see OAR 414-305-0270, Notifications); and (i) Have the required training and experience for the position they are filling. (2) A certified child care center must ensure that employees counted in the staff-to-child ratios: (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) Have a method to identify each child for whom they are responsible; and (c) Are physically capable of performing duties related to child care. (3) A certified child care center must ensure that at least one person who has current certification in first aid and Pediatric Cardiopulmonary Resuscitation (CPR) is present in the center at all times, during transportation, and on field trips. (4) A certified child care center 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. (5) Any staff with evidence of a child care‐restrictable disease, as defined in OAR 333‐019‐0010, a symptom of physical illness as described in OAR 414-305-1010(2)(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.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0310 Central Background Registry Enrollment (1) The operator, all child care center staff, and any person 18 years of age or older who may have unsupervised access to children, shall be enrolled in CCLD’s Central Background Registry (CBR) prior to the issuance of an initial or renewal certification. (2) An individual who is the owner or the principal of an entity that is the owner of a certified child care center must be enrolled in the CBR to be on the center premises or present with children off-site during child care hours. (3) A certified child care center must have written confirmation from CCLD that staff 18 years of age or older are enrolled or conditionally enrolled in the CBR before the staff may be on the child care premises or present with children off-site during child care hours. (4) All caregivers and other individuals that are required to be enrolled in the CBR and are on site must maintain current enrollment in the CBR at all times while the center license is active. (5) Staff conditionally enrolled in the CBR may function in their staff position but shall not have unsupervised access to children until the center has confirmed with CCLD the individual is enrolled. (6) Any visitor to the certified child care center or other adult who is not enrolled in the CBR shall not have unsupervised access to children. (7) A certified child care center must have safeguards in place to prevent a visitor’s unsupervised access to children, including a sign-in and sign-out process that captures: (a) The individual’s name and relationship to the center (e.g. volunteer, vendor, guest, etc.); (b) Arrival and departure times; and (c) Name of qualified staff responsible for monitoring the individual’s presence and accompanying the individual while on the premises. (8) A certified child care center must ensure that individuals whose CBR enrollment has been revoked, denied, or suspended are not on the premises during child care hours or have contact with children in care. (9) If additional information is needed to assess a person's ability to care for children or to have access to children, CCLD may require references, an evaluation by a physician, counselor, or other qualified person, or other information. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 33-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0320 Duties and Qualifications of the Director (1) A certified child care center must employ at least one individual who meets the qualifications of director as outlined in (6) below. The director is responsible for: (a) Maintaining compliance with all certified child care center rules and all conditions placed on the certification; (b) Developing and implementing the center’s operational and personnel policies; (c) Supervising the personnel, volunteers, and other individuals providing services in the center; (d) Overseeing the training and professional development of staff including setting educational goals, observation and mentoring; (e) Implementing program development; (f) Overseeing parent communication and family engagement and sharing community resources with families including resources for children with specific needs; and (g) Managing administrative functions, including, but not limited to: maintaining records; financial management; budgeting; maintenance of buildings and grounds; meal planning and preparation; and transportation, if provided. (2) If a center’s licensed capacity is less than 100 children, the director must be on site a minimum of one-third the weekly operating hours or 40 hours per week, whichever is less, as documented by the center. The director may be responsible for multiple centers. (3) If a center’s licensed capacity is more than 100 children, the director must be on site at least half of the weekly operating hours or 40 hours per week, whichever is less, as documented by the center. The director may only be responsible for one center. (4) A director may serve as a teacher, if qualified, and have regular teaching duties when 40 or fewer children are on site. (5) A certified child care center must have the director or a substitute director on the premises during all hours of operation. (6) A certified child care center director must: (a) Be at least 21 years of age; (b) Meet the initial (see OAR 414-305-0370) and annual training (see OAR 414-305-0380) requirements; and (c) Have attained one of the options in Table 1 below; OR (d) Participate in a plan, approved by CCLD, to substitute for a missing component (either management and supervision of adults OR knowledge of child development) in Option C in the table below. The plan must address how the director will attain the required training, education, or experience in the missing component and how the program will operate until the director has met the missing component. (7) A certified child care center's substitute director must meet teacher qualifications, understand the director’s responsibilities, be familiar with the certification requirements, have access to all records, and be authorized and able to correct deficiencies. [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.260 History: DELC 129-2024, minor correction filed 05/14/2024, effective 05/14/2024 DELC 34-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0340 Duties and Qualifications of Teachers (1) A certified child care center'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 child care center's teachers must: (a) Be at least 18 years of age; (b) Meet the initial (see OAR 414-305-0370) and annual training (see OAR 414-305-0380) requirements; and (c) Meet the experience and training qualification requirements for their assigned age group in one of the options listed in Table 2 of this section; OR (d) For school-age only classrooms, meet the experience and/or training qualification requirements in Table 3 of this section. [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.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0355 Multi-Site Programs (1) In a multi-site program, the center shall develop a written plan which shows how the duties of the director in OAR 414-305-0320(1) will be met at each site and must employ a multi-site coordinator. (2) Multi-site coordinators must: (a) Meet director qualifications identified in OAR 414-305-0320(6); (b) Meet the initial (see OAR 414-305-0370) and annual training (see OAR 414-305-0380) requirements; (c) Designate one teacher at each site who is responsible for maintaining compliance with CCLD rules. There must be one designated teacher on site at all times; and (d) To allow for adequate oversight of each site, the Multi-site Coordinator: (A) Must be at each site at least once a month for a minimum of one hour while children are in care; (B) May serve as a teacher, if qualified; and (C) Must be available by phone to parents, staff and CCLD at all times during child care hours. (3) A multi-site program can operate using either Table 3A (see OAR 414-305-0400(6)) or when 16 or fewer children are on site, can operate using the Mixed-Age Ratio Table (see OAR 414-305-0400(12)). Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 36-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0360 Other Staff and Volunteers (1) A certified child care center must verify that all substitutes, prior to being left alone (if qualified to be unsupervised) with children: (a) Are enrolled in the CBR as required under OAR 414-305-0310, Central Background Registry Enrollment; (b) Complete the CCLD Introduction to Child Care Health and Safety training as required under OAR 414-305-0370(2), Orientation and Initial Training; and (c) Have completed a minimum of 2 hours of training on recognizing and reporting child abuse and neglect that is specific to Oregon law, within 30 days of employment. (2) A certified child care center must ensure that substitutes counted in the staff-to-child ratio meet qualifications for the position they hold. (3) If a certified child care center uses a volunteer to meet staff-to-child ratios, the center must document how the volunteer meets the qualifications of the position they are filling, including CBR enrollment. (4) A certified child care center must ensure that all center 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. (5) Volunteers under the age of 14 must have written permission from their parent or guardian. (6) Unless participating in a structured volunteer program, volunteers under the age of 14 may be on the premises of the certified child care center for no more than 4 hours per day. (7) A certified child care center must identify the duties for each volunteer and share them with the volunteer and center staff in writing prior to the volunteer beginning work at the center. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 53-2024, minor correction filed 04/15/2024, effective 04/15/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0370 Orientation and Initial Training (1) A certified child care center must ensure that all staff, including substitutes, receive an orientation within the first 10 days of hire and before staff have unsupervised access to children. An orientation must include, but is not limited to: (a) A review of the rules for certified child care centers; (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 biocontaminants; (f) Methods used to inform personnel of children's specific health, nutritional, and developmental needs; (g) Safe sleep practices and prevention of shaken baby syndrome and abusive head trauma; (h) The administration of medication; (i) The center policies, as required under OAR 414-305-0200, Policies; and (j) Procedures for reporting suspected child abuse or neglect. (2) A certified child care center must ensure staff, including substitutes, complete the following within 30 days of hire and prior to having unsupervised access to children: (a) Introduction to Child Care Health and Safety; and (b) A minimum of 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law. (3) A certified child care center’s staff and substitutes, with the exception of cooks, must: (a) Have current certification in first aid and pediatric CPR within the first 90 days of hire. On-line CPR training is only acceptable if it includes hands-on instruction. First aid and pediatric CPR must be kept current during employment at the center. (b) If the center is certified to care for infants, complete the Safe Sleep for Oregon Infants training within the first 30 days of hire and prior to having unsupervised access to infants; and (c) Complete the CCLD approved Child Development Training within 90 days of hire. (4) A certified child care center must ensure the following staff, including substitutes, obtain an Oregon food handler’s certification within 30 days of hire. Food handler’s certification must be kept current during employment at the center. (a) Cooks and kitchen staff who handle food; (b) Staff who serve meals from a communal source or put away leftovers; and (c) Staff in infant rooms who prepare bottles or serve food. (5) A certified child care center director must provide verification to Oregon Registry Online (ORO) that they have obtained 10 hours of training in the core knowledge category of Program Management; or they must obtain 10 hours within the first year of hire. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 37-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0380 Annual Training (1) A certified child care center must ensure the following training requirements are met for each staff: (a) Each certified child care center director, multi-site coordinator, teacher, and aide II must have at least 15 clock hours of formal training or education annually related to child care, of which at least 8 clock hours is in child development and 1 hour is in health, safety, and nutrition (HSN). (b) Substitute teachers and substitute aide IIs who provide care for 240 hours or more per licensing year at one or more sites operated by the same organization complete at least 15 clock hours of annual training or education related to child care, of which at least 8 clock hours is in child development or early childhood education, and 1 hour is in health, safety, and nutrition (HSN). (c) Certified child care center staff employed less than a year must complete training requirements prorated at 1.25 clock hours for each month worked in the current license period. If the 15 hours of training are pro-rated, the requirement to have 8 hours of training in child development or early childhood education does not apply. (2) Any staff member who works at multiple locations, operated by the same organization/company must designate one certified child care center to track the staff member’s training requirements. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.490 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024