justicedao/ipfs_state_laws huggingface dataset:
414-305-0385 Training Criteria (1) All staff employed by a certified child care center must have an active account with ORO. Staff training must meet the following requirements: (a) Be approved by ORO; and (b) Be at least 1 hour in duration. (2) Staff training that is a component of a staff meeting may be counted toward the required training hours. (3) 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. (4) A certified child care center may count the following initial required staff training toward the 15 clock hours of annual training during the first year of employment. These hours, with the exception of (g) 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 staff person’s hire date; (b) First aid and pediatric CPR training; (c) Food handler’s training; (d) CCLD approved training on recognizing and reporting child abuse and neglect; (e) CCLD Introduction to Child Care Health and Safety training; (f) 1 hour of training in the category of Health, Safety and Nutrition; and (g) CCLD approved Child Development training. (5) During subsequent years of employment, a certified child care center may count the following repeated training as part of the 15 clock hours of training: (a) 5 hours of first aid and pediatric CPR training; (b) Food handler's training; (c) Recognizing and reporting child abuse and neglect, but only repeated every 3 years; and (d) 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.490 History: DELC 38-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0500 Supervision of Children (1) A certified child care center must ensure that children have the full attention of the required number of staff at all times who must: (a) Be aware of what each child is doing; (b) Know and take into account the age of each child, the child’s individual behaviors, interests, and abilities, the layout of indoor and outdoor space, and any potential hazards or risks from activities children are engaged in; (c) Be near enough to children to assist and respond when needed; (d) Be within sight and sound, without relying on audio or video monitoring devices, except as specified in OAR 414-305-0500(4). (e) Not participate in personal activities that could interfere with supervision, such as visitors, phone calls, or electronic device use; and (f) Provide supervision when contracted non-staff persons are with children (also see OAR 414-305-0400, Staff-to-Child Ratios and Group Size). (2) A certified child care center’s staff must position themselves or arrange indoor and outdoor equipment to allow supervision of children while playing on all equipment. (3) A certified child care center must provide sufficient light in any room where children are napping or resting so that staff can clearly see each child’s face from any point in the room. (4) School-age children must be within sight or sound of staff at all times. (a) School-age children out of direct visual contact must be monitored regularly and frequently and must be in approved activity areas; and (b) With staff knowledge or permission, one child at a time may be out of sight and sound supervision, while on the premises of the child care program, when using the restroom or completing a task separate from the larger group, for a maximum of 5 minutes. 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
414-305-0510 Creating a Healthy Climate for Child Development (1) When communicating or interacting with children, a certified child care center must ensure staff maintain a climate for healthy, culturally responsive child development such as: (a) Using a calm and encouraging tone of voice; (b) Using positive language to explain what children can do and give descriptive feedback; (c) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group; (d) Greeting children upon arrival and acknowledging their departure; (e) Using facial expressions such as smiling, laughing, and enthusiasm to match a child’s mood; (f) Using physical proximity in a culturally responsive way to speak to children at their eye level; (g) Validating children’s feelings and showing tolerance for mistakes; (h) Being responsive, listening to children’s requests and questions, and encouraging children to share experiences, ideas, and feelings; (i) Observing children in order to learn about their families, cultures, individual interests, ideas, questions, and theories; (j) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings; (k) Being respectful of cultural traditions, values, religion and beliefs of enrolled families; and (l) Interacting with staff and other adults in a positive, respectful manner. (2) A certified child care center must ensure staff encourage positive interactions between and among children with techniques such as: (a) Giving children several chances a day to interact with each other while playing or completing routine tasks; (b) Modeling social skills; (c) Encouraging socially isolated children to find friends; (d) Helping children understand feelings of others; and (e) Encouraging interactions between children of all abilities. 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
414-305-0520 Program Schedule (1) A certified child care center must develop, post, and follow a written daily schedule for each group of children, according to their ages, interests, and abilities. (a) The written schedule must include a consistent routine that allows for flexibility to respond to the needs of the individual children and group of children. (b) The schedule must: (A) Cover all hours of operation; (B) Provide a balance of active and quiet opportunities; (C) Include activities such as small and large group activities, free play, daily outdoor experiences and snacks and meals; and (D) Meet the following daily morning or afternoon active outdoor play time requirements: (i)20 minutes for every 3 hours of programming for infants (as tolerated) and toddlers; (ii)30 minutes for every 3 hours of programming for children preschool age and older; and (iii) Programs that operate more than 6 hours a day must provide 90 minutes of active play for children preschool age and older or 60 minutes of active play for infants and toddlers (30 minutes of which may be moderate to vigorous indoor activities). (2) A certified child care center must ensure daily outdoor play for each child regardless of age, provided weather and environmental conditions do not pose a significant health or safety risk. (3) For preschool age and younger children, a certified child care center must include one or more regularly scheduled rest periods. (a) Rest periods must include the opportunity for each child to lay down on a cot or mat. Rest periods may take the form of children sleeping, being awake but inactive, or participating in alternative quiet activities. (b) If children are unable to sleep after 30 minutes, the center must provide alternative quiet activities. Activities may be in the same room where children are sleeping if it is not distracting to sleeping children. (c) A preschool-age classroom that operates up to 6 hours a day is not required to schedule nap or rest times. 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
414-305-0525 Activity Plan for All Children (1) A certified child care center must make the emotional and physical needs of children the first priority of the center, ensuring that children get adequate care and prompt attention. (2) A certified child care center must develop, post and follow written weekly activity plans for each classroom that: (a) Indicate indoor and outdoor plans for each day; (b) Are designed to meet the children's developmental abilities, interests, cultural and individual needs; and (c) Are inclusive for all children in the group regardless of disabling or limiting conditions. (3) A certified child care center must ensure the activity plan and available materials allow for a range of learning experiences to support each child’s development of: (a) Self-esteem, self-awareness, self-control, cooperation, problem-solving, and decision-making abilities; (b) Social, emotional, cognitive, language, literacy, and physical growth; and (c) Creativity, experimentation, and exploration. (4) A certified child care center must provide children with opportunities to choose from a variety of developmentally appropriate activities and experiences which include: (a) Reading books; (b) Creative expression through the arts; (c) Dramatic play; (d) Gross motor development; (e) Fine motor development; (f) Music and movement; (g) Opportunities to listen and speak; (h) Concept development; and (i) Sensory play. (5) A certified child care center must not provide or allow a child to have more than 2.5 hours of screen time per week. (a) When the internet is accessible for children's use, the center must ensure that children do not have access to inappropriate websites, email, instant messaging, and similar technology. (b) Screen time is defined as time spent using electronic devices, including, but not limited to computers, television, tablets, phones and game consoles but does not include assistive or adaptive technology for children with disabilities. (c) Usage times may be extended for physical activity guidance, special events, projects (i.e., coding lessons) and homework. (d) All media exposure must be developmentally and age appropriate, non-violent, and culturally sensitive. (e) When screen time is a group activity, at least one alternative activity must be available for children who do not want to participate. (6) A certified child care center must take precautions to protect children from excessive sun exposure, including but not limited to: (a) Keeping infants younger than six months out of direct sunlight; (b) Applying sunscreen to children. Centers must comply with requirements regarding sunscreen in OAR 414-305-1030(7), including parent permission; (c) Ensuring access to shaded areas or having children wear protective clothing and hats; and (d) Limiting direct sun exposure when children do not have sunscreen applied. 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
414-305-0530 School-Age Activity Plan (1) A certified child care center must provide an environment for children where adults' actions demonstrate respect for children’s changing physical, emotional and intellectual needs. (2) A certified child care center must provide school-age children with the opportunity to take part, on a daily basis, in activities which support their need to practice and build skills in problem-solving, making responsible choices, cooperation, creativity, and appropriate social interactions. (3) In addition to those activities specified in OAR 414-305-0520, a certified child care center must provide school-age children with opportunities to choose from a variety of activities, including: (a) Individual projects, which may include homework; (b) Exposure to individual and team physical activities; (c) Opportunities to rest if tired. The center must provide a space that encourages rest for children who wish to rest. 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
414-305-0630 Safe Sleep (1) In addition to safe equipment (OAR 414-305-0620), a certified child care center must follow safe sleep practices for infants to reduce the risk of sudden unexpected infant death (SUID) as follows: (a) While sleeping, infants must be monitored frequently to ensure they are breathing, not overheated, not in distress, and do not need assistance. (b) Infants must be placed on their backs on a flat, firm, non-inclined surface for sleeping. (c) Infants who can roll from back-to-front or back-to-side may remain in the sleep position they assume. (d) Except for a plain pacifier, there must not be any items (e.g., pacifier clips, bottles, toys, pillows, stuffed animals, blankets, bumpers) in or attached to the crib, portable crib or play yard. (e) Infants must not have their heads or faces covered by items such as blankets or linens at any time. (f) There must not be any items (e.g. blankets, tents, sheets) placed over the top or on the sides of a crib, portable crib or play yard. (g) Items that may cause suffocation or strangulation such as headwear (e.g. hoods, hats, headbands), bibs, necklaces, and garments with ties or drawstrings must be removed from the infant and sleep equipment prior to laying an infant down to rest. (h) Swaddling or other clothing or covering that restricts the infant's arm or leg movement is prohibited at all times, even if the child is not sleeping. (i) Weighted blankets, weighted clothing, or other weighted objects must not be placed on or near the sleeping infant. (j) If the caregiver is engaged in an activity with child care children and is carrying a sleeping infant in a structured infant carrier, the caregiver must move the infant to a safe sleep surface as soon as the activity is finished. (k) A caregiver may hold a sleeping infant provided the caregiver can immediately observe, see, or feel any signs of distress. The caregiver must be awake, alert, and focused on the infant; and (l) If an infant arrives asleep in a car seat or falls asleep in a place other than their crib, portable crib or play yard, the caregiver must immediately move the infant to an appropriate sleep surface. (2) Alternative sleep positions may only be used with an CCLD approved exception request, which must include a medical reason and instructions from a physician. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 40-2024, minor correction filed 04/12/2024, effective 04/12/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0650 Diaper Changing and Toileting (1) A certified child care center must change wet or soiled diapers promptly, checking children’s diapers at a minimum of every 2 hours, or more frequently to meet the individual child’s needs. Diapers must be changed when a child exhibits behavior that suggests a wet or soiled diaper. (2) A certified child care center must provide at least one diaper-changing area in or adjacent to each room where children in diapers are part of the group. (a) If infants or toddlers are part of a multi-age group, a diaper changing area must be located in the room being utilized for care. (b) For preschool-age children who are toilet learning, the diaper changing area is not required to be in or adjacent to the classroom. (c) There must be a handwashing sink with running, heated water in each diaper changing area, except that centers with certification initially issued on or before July 15, 2001 must comply with this requirement when the diaper changing area is remodeled. (d) Liquid soap and single-use hand towels must be provided at each handwashing sink located in a changing area. (e) The diaper changing surface must be sturdy, non-absorbent, and washable with no tears or repairs. (f) A table or counter must be large enough to accommodate the length of a child, with protective edges or barriers that prevent a child from rolling or falling from the surface. (g) A safety strap or harness must not be used on the diaper changing surface. (h) Each surface used for diaper changing must be kept free of all objects except for diapering items and not used for other purposes. (i) Children must never be left unattended on a changing surface. (j) A disinfecting solution must be kept in each diaper-changing area ready for immediate use and stored out of children’s reach. (3) A certified child care center must post and follow the diaper-changing procedure, including stand-up diapering, that has been approved by the environmental health specialist. (4) A certified child care center must discuss the toilet learning plan and progress with parents and ensure that the plan is relaxed and pressure free. (5) A certified child care center must place wet or soiled clothing or personal items in a sealed, labeled, moisture-proof bag to send home with the child. (6) If a certified child care center uses cloth or reusable diapers, the soiled diapers must: (a) Not be rinsed; (b) Be placed in a securely sealed, moisture-proof bag; (c) Be stored in a separate disposal container; and (d) Be cleaned by a commercial laundry service or given daily to the child’s parent or guardian. (7) A certified child care center must provide a container designated for disposing of soiled diapers and diapering supplies only. The diaper disposal container must be: (a) Approved by the environmental health specialist; (b) Lined with a disposable plastic trash bag; (c) Within arm’s reach of the diaper changing area; and (d) Emptied, cleaned and disinfected daily or more often as needed. 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
414-305-0660 Cleaning and Sanitizing Infant and Toddler Areas (1) A certified child care center must clean and sanitize infant and toddler toys at least daily or more often as needed. (2) A certified child care center must wash, rinse, and sanitize the following after each use: (a) Bottles and training cups, if used; and (b) High chairs, tables and chairs. (3) A certified child care center must wash, rinse, and disinfect the following immediately after each use: (a) A diaper-changing surface; (b) Toilet training seat inserts; and (c) Bathtub or other receptacle used for bathing a child. (4) A certified child care center must label, store individually, and sanitize pacifiers. Pacifiers must: (a) Be cleaned and sanitized after each use by washing and boiling the pacifier or washing the pacifier in the dishwasher; or (b) May be reused by an individual child if they have been rinsed after each use and stored in a device or container that prevents contamination. Both the pacifier and the storage device or container must be cleaned and sanitized daily. 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
414-305-0700 Behavior and Guidance (1) A certified child care center must have a written policy on behavior and guidance of children that is simple and understandable to the child, the parent(s), and all staff (also see OAR 414-305-0200, Policies). (2) A certified child care center must have the behavior and guidance policy available in a prominent and frequently visited location for the parents and public to view. (3) A certified child care center’s behavior and guidance policy must include the use of positive guidance to help children develop self-control, self-direction, and respect for others through these approaches: (a) Setting and teaching simple, consistent, clear and positive rules and limits that children can understand; (b) Setting up the environment for success with engaging activities that encourage positive behavior and self-regulation; (c) Following a predictable daily routine and schedule with planned transitions; (d) Reinforcing positive behaviors with encouragement and descriptive praise; (e) Supervising actively, taking steps to prevent problems before they occur and explaining safe, natural and logical consequences related to a child’s behavior; (f) Helping children recognize and appropriately express their feelings and understand the feelings of others; (g) Modeling and teaching social skills such as taking turns, cooperation, waiting, treating others kindly, and problem solving; and (h) Redirecting or helping a child change their focus to something appropriate when their behavior is unacceptable. (4) A certified child care center must ensure that only staff shall provide guidance to a child. (5) A certified child care center must provide guidance that is fair, consistently applied, timely, and appropriate to the behavior, age, and development of the child. (6) When other methods have not been effective, a certified child care center may remove a preschool or school-age child from an activity or group for the time necessary to regain self-control. Staff must be actively responsive to the child’s needs. When the child has regained self-control, the child may rejoin a group or ongoing activity. (7) A certified child care center must have a policy that addresses how staff must proceed if a child is displaying inappropriate behaviors that could endanger themselves or the safety of others (see OAR 414-305-0200, Policies). (8) A certified child care center must intervene appropriately to stop biased behavior displayed by children or adults, including but not limited to: (a) Redirecting an inappropriate conversation or behavior; (b) Being aware of situations that may involve bias, responding appropriately, taking actions to prevent future occurrences; and (c) Refusing to ignore bias. 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
414-305-0710 Prohibited Discipline and Actions A certified child care center must not use or threaten to use any of the following prohibited actions even if requested or agreed to by parents: (1) Rough or harsh handling of children or use of corporal punishment in any form, including, but not limited to hitting, spanking, slapping, shaking, swatting, throwing, jerking, pinching, biting, or other measures that produce physical pain; (2) Bind or restrict a child's movement unless permitted under OAR 414-305-0720, Physical Restraint; (3) Using unauthorized prescription or non-prescription drugs or chemicals for discipline or to control behavior; (4) Confining or isolating a child in an enclosed or darkened area (e.g., a locked or closed room, bathroom, closet, or box for punishment); (5) Withdrawing, denying or forcing food, rest, or toileting; (6) Forcing or compelling a child to eat or placing soap, food, spices, or foreign substances in the child’s mouth; (7) Exposing a child to extremes of temperature; (8) Yelling harshly or using profane or abusive language; (9) Punishing or demeaning a child for toileting accidents or refusing to eat food; (10) Allowing any form of mental or emotional punishment or verbal abuse, including but not limited to public or private humiliation, name calling, teasing, ridicule, intimidation, making derogatory or sarcastic remarks about a child's family, race, gender, religion, or cultural background, rejecting, frightening, neglecting, or corrupting a child; (11) Demanding excessive physical exercise, excessive rest, or strenuous postures; or (12) Requiring a child to remain silent or inactive or removing a child from all activities or the group for excessive periods of time. 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