justicedao/ipfs_state_laws huggingface dataset:
414-320-0720 Physical Restraint (1) A certified ONB program may only use physical restraint after complying with all requirements of OAR 414-320-0700, Behavior and Guidance and OAR 414-320-0710, Prohibited Discipline and Actions, and in accordance with OAR 414-320-0200(2)(o). (2) Physical restraint must only be used if a child's safety or the safety of others is threatened and must be: (a) Limited to holding a child as gently as possible to accomplish restraint; (b) Limited to the minimum amount of time necessary to control the situation; and (c) Developmentally appropriate. (3) A staff member must not use bonds, ties, blankets, straps, or weights (including an adult sitting on a child) to physically restrain children. (4) Certified ONB program staff must discontinue the use of physical restraint if they sense a loss of their own self-control or concern for the child when using physical restraint. (5) If physical restraint is used, a certified ONB program must: (a) Report the use of physical restraint, pursuant to OAR 414-320-0270, Notifications; (b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate; and (c) Document the incident in the child's file, including the date, time, duration, certified ONB program staff involved, and what happened before, during, and after the child was restrained. (6) If physical restraint is used more than once on a specific child, the certified ONB program must develop a written plan with input from individuals who have knowledge of the child’s behaviors, including, but not limited to: the child's primary care provider, mental health provider, school counselor, and the parents or guardians, to address underlying issues and reduce the need for further physical restraint. A certified ONB program must notify DELC when a written plan has been developed. 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
414-320-0800 ONB Program Capacity (1) A certified ONB program may only care for children in areas approved by DELC. (2) A certified ONB program’s licensed capacity is based on the licensed outdoor classroom space within the natural space licensed for use by children. (a) There must be a minimum of 4,000 square feet of natural space per child to support a nature-based curriculum, unless otherwise approved by DELC. (b) An outdoor classroom area must have a minimum of 75 square feet of space in that area per child, not including bathroom or diaper changing spaces or ground space occupied by shelves, sheds, or other equipment not intended to be accessible to children. (3) For purposes of determining capacity, DELC will consider the factors and requirements described in this subsection. (a) Unless otherwise approved by DELC, the licensed space of another certified ONB program or educational program that regularly operates at the same time will not be considered in the licensed space calculations for the area that is being licensed; (c) The facilities on the premises, such as emergency shelters and toilets, must be sufficient to support the health, safety, and biological needs of all enrolled children; (d) The age range of children requested or approved by DELC to attend the certified ONB program; (e) If an indoor space will be used to meet the children's biological needs, those spaces: (A) Must be inspected and approved by the appropriate fire code official and environmental health specialist; and (B) May be used to provide children with transitional activities while the biological needs of other children are met in order to meet supervision requirements and keep children together. (4) A certified ONB program must have DELC approval prior to using any new outdoor classroom space or natural space to care for children. (5) A certified ONB program must not exceed its licensed capacity at any time, including the total number of children in care both at and away from the ONB program. (6) The following spaces or areas must not be included in the capacity determination: (a) Unlicensed space; (b) Emergency shelter space that will only be used in case of emergency; (c) Toileting facilities; (d) Restricted land; and (e) Roadways through parks. 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
414-320-0810 Utilities (1) A certified ONB program must ensure that children do not have access to heating equipment such as furnaces, fireplaces, stoves, floor and wall furnace grates, steam and hot water pipes, electric space heaters, gas heaters, or cooling equipment such as, air conditioner compressors, and fans. (2) A certified ONB program's heating equipment must be safe to operate. (a) Flammable materials including papers, curtains, and furniture must be at least 3 feet from furnaces, fireplaces, or other heating devices, unless manufacture’s specifications require a greater distance. (b) Heating units that involve flame must be vented properly and supplied with a source of combustion air that meets the manufacturer’s installation requirements. (c) Portable electric and gas space heaters must: (A) Be attended while in use and be off when unattended; (B) Have an automatic shut off feature for tipping over and overheating (C) Have protective covering to keep hands and objects away from the electric heating element; (D) Bear the safety certification mark of a nationally recognized testing laboratory; (E) Be placed only on the floor; (F) Be properly vented, as required for proper functioning; and (G) Be used according to the manufacturer’s instructions. (d) Fireplaces, fireplace inserts, and wood/corn pellet stoves, if used, must: (A) Have a secure, stable protective safety screen; (B) Be installed in accordance with the local or regional building code and the manufacturer’s installation instructions; and (C) Be inspected and cleaned annually. (3) A certified ONB program’s electrical system must not pose a risk to children. (a) Unused electrical outlets accessible to preschool-age children must be tamper-resistant or have outlet covers that are not easily removed by children. (b) Electrical wiring and power strips with surge protectors must be inaccessible to children. (c) Electrical cords must be in good working condition, not torn or frayed, and not have any exposed wires. (d) Extension cords may only be used for a brief, temporary purpose and must not replace direct wiring. (e) Electrical products plugged into an outlet near a water source such as a sink, water table, or swimming pool, must use a special outlet called a ground fault circuit interrupter (GFCI). (4) Except for certified ONB programs that operate on public park land or operate on public school premises, a certified ONB program must comply with all light fixture manufacturers' installation and use requirements, and must ensure compliance with the following requirements: (a) Light fixtures must have shatter-resistant light bulbs, covers, or both; (b) Lights or light fixtures used indoors must be designed for indoor use only; (c) Lights or light fixtures used outdoors must be designed for outdoor use only; (d) Free standing lamps must be attached or secured to prevent tipping; and (e) Halogen lamps and bulbs are prohibited. (5) A certified ONB program must not use carpet in food preparation areas or restrooms. 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
414-320-0900 Furniture (1) A certified ONB program operating with outdoor classrooms must have accessible and child-size furniture and equipment in sufficient quantity for the number of children in care. A certified ONB program may use picnic benches in sufficient quantity for the number of children in care, with adaptations to support children as needed, or provide alternative seating and surface options, such as blankets or logs. (2) If utilized by a certified ONB program, furniture and equipment must be: (a) Installed, maintained, and used according to manufacturer's specification; (b) Safely constructed and lead free; (c) Maintained in a safe working condition; (d) Developmentally appropriate; (e) Subsection (a) through (d) of this section may not apply to certified ONB programs operating in public areas where the equipment is not the property of the certified ONB program and not intended for the use of the children. (3) A certified ONB program must provide a safe, washable cot, rest mat or pad, or other approved sleeping surface for each preschool-age child at nap time, for each school-age child who wants to rest, and for any child that needs to be isolated due to illness. (a) Cots, mats, or pads must be assigned to individual children and used by one child at a time. (b) Cots, mats, or pads must be cleaned and sanitized when soiled and before use by another child. (c) Each mat or pad used for napping must be: (A) Covered with a durable, washable, waterproof, form-fitting material; (B) At least 1 inch thick; Inflatable sleeping pads must be suitable for the outdoor temperature according to the manufacturer's label. Sleeping pads intended for outdoor sleep, such as a backpacking pad, less than one inch thick must be approved by DELC. (C) Free of rips, tears or tape. (d) Mats, cots, or pads must be arranged in a manner that allows for a direct, unobstructed passage to each child. (e) Mats, cots, pads and bed linen must be properly stored so that sleeping surfaces are not touching each other unless cleaned and sanitized after each use. (4) A certified ONB program must ensure that each child is provided with individual bedding consisting of at least a sheet, blanket, or sleeping bag. (a) A sheet must cover the entire resting surface. (b) Bedding must either be marked for use by the identified child or laundered daily. (A) All bedding must be thoroughly cleaned and sanitized before use by another child. (B) If marked for use by the individual child, the bedding must be laundered weekly or more frequently if needed. (5) A certified ONB program must provide designated 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. (6) A certified ONB program must arrange furniture and play materials to promote and encourage independent access and use by 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
414-320-0910 Play Materials (1) A certified ONB program 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 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) Certified ONB programs may provide natural materials to children to support the nature-based curriculum that may not be able to meet the requirements of OAR 414-320-0910(1)(c)-(d), for example decomposing logs, leaves, or items in a mud kitchen. Such materials must be nonpoisonous and free of toxins. (3) A certified ONB program 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 OAR 414-320-0520, Activity Plan for All Children, as appropriate. (4) A certified ONB program must provide a variety of developmentally appropriate toys, materials and equipment which give children choices such as: (a) Discovery of nature; (b) Fine motor activities; (c) Writing utensils and materials; (d) Books; (e) Sensory experiences; (f) Gross motor activities; (g) Music; (h) Art; (i) Dramatic play; and (j) Science and/or exploration. (5) A certified ONB program must provide culturally and racially diverse learning opportunities within the ONB program’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 materials from or related to different ethnic and cultural groups, ages, abilities, family styles, and genders. (b) A certified ONB program must actively reflect on the learning opportunities provided in the program to broaden cultural understanding and representation of the cultural backgrounds of the children, families, and staff in the 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
414-320-0930 Swimming Pools and Other Water Hazards (1) A certified ONB program must not use a swimming pool unless it has been licensed by the Oregon Health Authority or delegated agent pursuant to Oregon Health Authority administrative rule Chapter 333, Division 60. (Also see OAR 414-320-0840, Prevention and Management of Hazards regarding access to pools and other bodies of water.) (a) A swimming pool must not be used if the main drain cover is missing. (b) Swimming pools must be maintained, cleaned, and sanitized according to manufacturer instructions and Oregon Health Authority or local health jurisdiction guidelines. (c) When a swimming pool is located on the certified ONB program premises, emergency telephone numbers and the program's address must be posted near an immediately accessible telephone in the pool area. (2) The following bodies of water must be inaccessible to children in care by using a physical barrier at least four feet tall with a locking mechanism: (a) Swimming pools when not in use as part of the certified ONB program; and (b) Uncovered wells, septic tanks, wastewater, wastewater tanks, below grade storage tanks, farm manure ponds, or other similar hazards. (3) A certified ONB program must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment. Hot tubs and spas must be secured by a locking cover or physical barrier. (4) A certified ONB program operating near a natural body of water must provide a physical barrier or physical boundary to adjacent bodies of water pursuant to OAR 414-320-0920(4), Outdoor Areas, and must provide supervision pursuant to OAR 414-320-0500, Supervision of 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
414-320-0940 Weather Conditions and Outdoor Hazards (1) A certified ONB program must observe weather conditions and other possible hazards to take appropriate action to protect and promote child health, safety, and well-being. A certified ONB program must identify policies and procedures for ONB program operations in weather conditions that may pose a health or safety risk for children and staff. These policies and procedures must be approved by DELC. (2) A certified ONB program must ensure children are dressed for weather conditions during outdoor program time. A certified ONB program must ensure all children have appropriate clothing for the time spent outdoors and have extra clothing to meet children's comfort and safety needs throughout the day, as needed. This must include rainy or cold weather clothing such as waterproof boots, rain pants, rain jacket, a moisture-wicking layer, two sets of gloves, and a hat to keep the child's head dry and warm. (3) A certified ONB program must have a policy regarding what clothing and equipment families are required to provide, pursuant to OAR 414-320-0200, Policies. The certified ONB program must work with families that require assistance in meeting their child's clothing needs and may loan appropriate clothing and other necessary equipment to children (4) A certified ONB program must remain aware of the children's verbal and nonverbal cues regarding their warmth and comfort and respond appropriately to ensure the children's health and safety. These responses may include, but are not limited to: (a) Keeping children active and moving in cold weather; (b) Resting in shaded areas to cool off; and (c) Assisting children to remove or add layers of clothing, while supporting their development of self-regulation skills. 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
414-320-1000 Handwashing (1) Staff and children must wash their hands with soap and running water: (a) After using the toilet; (b) After diaper changing; (c) After assisting someone with toileting; (d) Before handling food; (e) Before and after eating; (f) Before assisting with feeding; (g) After gardening activities; and (h) When switching between working with raw foods and ready-to-eat foods. (2) Staff and children must either wash their hands with soap and running water or use hand sanitizer with alcohol content between 60-95%: (a) After wiping the nose; (b) After coughing or sneezing; and (c) After handling pet toys or touching animals, other than dogs and cats. (3) Hand sanitizer must be stored in a manner where it is inaccessible to children. (4) Application of hand sanitizer on preschool-age children must be supervised by an adult. (5) When handwashing is not possible, but required by OAR 414-320-1000(1)(a) through (h), e.g. on field trips or hikes, moist towelettes and hand sanitizer with alcohol content between 60-95% may be used together instead of handwashing. (6) 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.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-1020 Injuries (1) A certified ONB program 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 (also see OAR 414-320-0850(4), 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 certified ONB program must complete a report of any serious injury or incident, as defined in OAR 414-320-0100(55) and include: (a) The child's full name and age; (b) The date of occurrence, time, type, circumstances, witnesses, and location at the ONB program or off-site; (c) Time and date of notification of parents; (d) The signatures of the reporting staff and director; (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 certified ONB program must maintain, at a minimum, the following first aid supplies at the program, in any vehicle used to transport children in care, and for group activities away from the ONB program: (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 of blood and other bodily fluids; (o) Flexible rolled gauze; (p) A fire suppression blanket for ONB programs that engage in campfire activities; (q) Hand-warmers and a method to prevent direct skin contact for hand-warmers that reach temperatures above 120 degrees Fahrenheit; (r) Emergency thermal blanket; and (s) A chart or handbook of first aid instructions. (4) A certified ONB program must ensure that the first aid supplies are readily available to staff and kept inaccessible to children. (5) A certified ONB program 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.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025
414-320-1050 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 certified ONB program must have a written care plan. The written care plan must include the following, when applicable: (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) Placement with another age group, if recommended by the child’s healthcare professional or other qualified professional; (11) Stimulus that initiates or precipitates a reaction or series of reactions (triggers) to avoid; (12) Symptoms for staff to observe; (13) Behavioral modifications; (14) Emergency response plans, both if the child has a medical emergency, and special factors to consider in a programmatic emergency, like a fire. (15) Any necessary special skills training and education for staff and the person responsible for training staff members; and (16) Any individualized services (e.g. occupational therapy, speech services) that will be provided at the ONB program. 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.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 2-2025, adopt filed 03/26/2025, effective 07/01/2025