justicedao/ipfs_state_laws huggingface dataset:
414-305-1220 Transportation Safety (1) A certified child care center must maintain the following items in the vehicle as well as at the center: (a) An operable phone; (b) Program information including center name, address, and phone number; (c) Proof of vehicle insurance; (d) A checklist of all children being transported with any pick-up and delivery times and locations; (e) Emergency medical information on each child including parents’ contact information, special medical needs, medications, allergies, the name and phone number of the child’s doctor, and emergency medical authorization forms; (f) When transporting children with chronic medical conditions (such as asthma, diabetes, or seizures), their emergency care treatment plans, supplies and medication; and (g) A first aid kit that is easily accessible to staff and not children, and with contents specified in OAR 414-305-1020, Injuries). (2) A certified child care center must ensure the following safety practices are followed: (a) The vehicle doors are locked when the vehicle is moving and when not in use. (b) The motor is turned off, the brake set, and the keys removed whenever the driver leaves the vehicle. (c) No vehicle window, except that of the driver, must be opened to more than 50 percent of its capacity when children are on board. (d) Children's entire bodies must remain in the vehicle. (e) Safe conduct to and from the vehicles and safe off-street loading spaces must be provided. (A) Children must be loaded and unloaded only at the curb or at an off-street area protected from traffic on the same side of the street as the building they will enter. (B) If children must cross a street, they must be accompanied by an adult. (f) Staff must have clear instructions on handling emergency breakdowns and accidents, including vehicle evacuation procedures, supervision of the children, and contacting emergency help. (g) Staff at the center must know the routine arrival and departure times of the vehicle and take action if the vehicle does not return at a scheduled time. (h) Before leaving the vehicle, the driver or the last personnel in the vehicle must inspect all areas of the vehicle to prevent a child from being left in the vehicle. 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
414-305-1230 Passenger Restraints and Seating A certified child care center must meet the following passenger restraint and seating rules to ensure children’s safety during transportation: (1) The manufacturer’s maximum seating capacity for the vehicle is not exceeded; (2) Child passenger restraint systems and seat belts must be used according to law, meet federal motor vehicle standards and installed in accordance with the manufacturer’s instructions; (3) Restraint systems are properly maintained, such as not expired, recalled, or previously involved in a crash; (4) Car safety seats or booster seats, whether provided by the child’s parents or the child care center, are labeled with the child’s name and emergency contact information; (5) Child care children are not permitted to ride in the front seat of a vehicle; (6) All adult passengers in a vehicle transporting children, other than a large school bus, must be properly restrained by safety belts before starting the vehicle and at all times the vehicle is in motion; and (7) Vehicles that meet the definition of a school bus that transport passengers in wheelchairs must comply with manufacturer’s instructions and specifications. 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
414-305-1240 Vehicles A certified child care center must ensure that all vehicles used for transportation meet the following: (1) Vehicles are identified with the center or business entity name that is easily read by the public(e.g. a small sign in the rear window or a bumper sticker), unless using contracted transportation or a vehicle not owned by the certified child care center. (2) Vehicles, including school buses, are in compliance with all applicable state and local motor vehicle laws; (3) If a center uses vans designed for 10 or more passengers and manufactured prior to 2010: (a) Travel speed may not exceed 50 mph; and (b) The vehicle must have an annual safety inspection by a garage, dealership or auto repair shop. Proof of inspection must be on the form provided by CCLD or on a form provided by the inspector which contains the same information; (4) Vehicles have a current license plate and registration as required by Oregon state transportation laws, including vehicles driven by volunteers; (5) Vehicles are maintained in good repair and safe operating condition at all times; (6) The vehicle receives regular maintenance in accordance with the vehicle maintenance mileage schedule. This includes, but is not limited to, regular inspections of interior safety features like airbags, seatbelts and car seat latch systems. All deficiencies must be corrected before the vehicle can be used for child care transportation; (7) The vehicle interior is clean, in safe repair, and free of hazardous items that could impede the children’s movement or cause injury if the items were thrown about the vehicle as a result of a collision; (8) Stationary padded seats with a back are securely anchored to the vehicle; and (9) Operable heaters and ventilation maintain an interior temperature comfortable to children and between 68 and 85 degrees. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 48-2024, minor correction filed 04/12/2024, effective 04/12/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-1300 Swimming (1) A certified child care center must have written permission from each child’s parent before engaging in any swimming activities. (2) A certified child care center must provide constant sight and sound supervision of children around any bodies of water. (3) A certified child care center must not use a swimming pool unless it has been licensed by the Oregon Health Authority or delegated agent pursuant to OAR Chapter 333, Division 60. (Also see OAR 414-305-0840, 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) Each swimming pool more than 6 feet in width, length, or diameter must have immediate access to lifesaving equipment, e.g., a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that is long enough to reach the center of the pool from the edge of the pool. (c) Swimming pools must be maintained, cleaned and sanitized according to manufacturer instructions and Department of Health or local health jurisdiction guidelines. (4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, the center must limit activity to wading by children 36 months of age and older and must not allow swimming. (5) A certified child care center must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment. (6) If a certified child care center has on-site swimming or is responsible for off-site swimming, the center’s written emergency plan (required by OAR 414-305-0210, Emergency Preparedness and Response) must also include pool and swimming safety. (7) When a swimming pool is located on the center premises, emergency telephone numbers and the center’s address must be posted near an immediately accessible telephone in the pool area. (8) At all times when children are engaged in swimming and wading activities on or off the premises, a certified child care center must: (a) Ensure that staff are in or at the water and prepared to enter; (b) Ensure that staff remain in direct physical contact with infants at all times and not more than an arm's length from 1-year-olds; (c) Meet the following staff-to-child ratios: (A) 6 weeks to 36 months - 1:1; (B) Preschool-age - 1:6; (C) School-age - 1:10; and (D) The age of the youngest child in a mixed-age group determines the staff-to-child ratio. (d) Verify that all adults counted in the staff-to-child ratios are able to swim if the water is more than 48 inches deep; (e) Ensure that a certified lifeguard is present and on duty at all times. Center staff lifeguards may not count in staff-to-child ratios when more than 10 children are present; and (f) Review safety rules with children each time they participate. 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
414-305-1400 Animals (1) A certified child care center must ensure that any animal at the center is: (a) In good health and shows no signs of carrying disease; (b) Friendly toward children with no signs or history of aggression; (c) Kept free of fleas, ticks, and worms; (d) Fully immunized including rabies vaccinations for dogs; (e) Kept in a cage or tank with the exception of cats and dogs; and (f) Not permitted in food preparation areas or on children’s resting surfaces. (2) A certified child care center may not allow an animal with any history of biting to be on the premises of the center. (3) A certified child care center must prevent any direct contact by children with any animals unfamiliar to the center, such as a stray. (4) A certified child care center may allow an animal, other than a cat or dog, such as a poisonous animal, reptile, amphibian, monkey, hook-beaked bird, chicken, duck, hermit crab, rodent or ferret on the premises only if: (a) The animal is housed in and remains in a cage, tank or other measure which precludes any direct contact by children; or (b) The exotic animal is present as part of an educational program run by a zoo, museum or another professional animal handler. (5) A certified child care center must ensure that all contact between an animal and a child is supervised by staff who are close enough to remove the child immediately if the animal shows signs of aggression or distress or the child shows signs of treating the animal inappropriately. (6) A certified child care center must inform parents of any animals on the premises by a clearly viewed notice or bulletin, policy handbook, parent flier, or a statement included on the enrollment form (also see OAR 414-305-0200, Policies). (7) A certified child care center must have and follow written procedures for the care and maintenance of any animals in the center. The procedures must address: (a) Responsibility for the handling, care, and feeding of the animal(s). With close staff supervision, children may participate in the care of animals. (b) At least weekly cleaning and disinfection of pet containers and cages performed in areas not used for food storage or preparation and only when children are not present. (c) Location of litter boxes in areas not accessible to children or used for food storage or preparation; and (d) Prevention of debris spilling out of a container or cage used for pets and animals, if applicable. (8) A certified child care center must keep animal food supplies out of the reach of children and store them separately from food supplies and equipment. (9) Animal food must be stored in a manner that does not attract rodents or insects. 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
414-305-1600 Monitoring and Investigations (1) CCLD may conduct unannounced monitoring visits of a certified child care center at least annually for the purpose of determining compliance with these rules and terms and conditions of certification. (2) CCLD may conduct compliance verification visits to a certified child care center for the purposes of confirming compliance or continued compliance. (3) If a complaint alleges that a certified child care center is not in compliance with these rules, CCLD may conduct an investigation to assess the allegations. (a) The investigation may include: (A) One or more visits to the center; (B) Interviews with the center staff, volunteers, parents of child care children, or other individuals who may have relevant information; (C) Reviews of records; (D) Observations of the certified child care center operations; and (E) Any action authorized by ORS 329A.390(7). (b) Upon completion of the investigation, CCLD will issue a findings letter setting forth its determination that a complaint allegation is one of the following with respect to violation of these rules: (A) Valid, when evidence indicates the violation more likely than not occurred; (B) Unable to substantiate, when evidence is conflicting regarding whether the violation occurred; or (C) Invalid, when no evidence indicates the violation occurred or the evidence indicates the violation more likely than not did not occur. (c) CCLD may issue a findings letter prior to the conclusion of an investigation when CCLD has reached a determination on some but not all allegations. (d) Upon request from a certified child care center, CCLD must inform the center as to whether the center is under investigation by CCLD as of the date of CCLD’s response to the request. (4) In connection with a monitoring or investigation visit, CCLD shall provide technical assistance as appropriate. (5) CCLD certification records are open to the public on request, including findings of complaint investigations. CCLD may not disclose information protected by state or federal law. Statutory/Other Authority: ORS 329A.390(7), ORS 329A.260 & ORS 329A.346 Statutes/Other Implemented: ORS 329A.260 & ORS 329A.346 History: DELC 50-2024, minor correction filed 04/12/2024, effective 04/12/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-1620 Civil Penalty (1) CCLD may assess a civil penalty of up to $2500 per violation of these rules or terms and conditions of certification. (2) CCLD may assess a civil penalty in addition to any other appropriate legal action, considering: (a) Numbers of previous violations of the same rule; (b) Circumstances surrounding the rule violations; and (c) Prior warnings, technical assistance, or legal actions regarding the certified child care center’s compliance with the rule. (3) For a serious violation, as defined in OAR 414-305-0100(49), a certified child care center may be subject to a civil penalty not to exceed $2500 for each violation. (4) For a non‐serious violation, a certified child care center may be subject to a civil penalty of $800 for each violation. (5) CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a certified child care center is in violation of ORS 329A.250 to ORS 329A.450, these rules, or the terms and conditions of certification. CCLD may assess civil penalties for multiple days in a single action. (6) An individual or entity that provides child care subject to registration or certification in a home or facility that is not registered or certified with CCLD may be subject to a civil penalty not to exceed $1,500 per day of operation of the uncertified facility. (7) Notwithstanding CCLD’s decision to impose a civil penalty for one or more rule violations, CCLD may also take action to deny, suspend or revoke a certification for the same rule violation or violations. (8) A certified child care center may appeal any decision to impose a civil penalty, subject to the provisions of chapter 183, Oregon Revised Statutes. (9) Failure to pay a civil penalty in which CCLD has issued a final order by default or a final order after a contested case hearing shall be grounds for denial or revocation of a certified child care center certification. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.346, ORS 329A.992, ORS 329A.994, ORS 329A.250 & ORS 329A.450 History: DELC 52-2024, minor correction filed 04/12/2024, effective 04/12/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-310-0110 Purpose (1) A school-age center is defined as a child care facility that is certified to provide care for a number of school-age children up to the maximum capacity in a setting other than a family child care home. (2) The purpose of OAR 414-310-0100 through OAR 414-310-0720 is to protect the health, safety, and wellbeing of school-age children when cared for outside their own homes by providing requirements for inspecting, certifying, monitoring, and otherwise regulating care in a certified school-age center. (3) A person or entity may not operate a school-age center without a valid certificate issued by CCLD, unless exempt from registration or certification as provided in ORS 329A.250(5)(a) through (j) and OAR 414-310-0120. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 68-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0120 Exemptions from Licensing A child care facility is exempt from certification if the facility: (1) Provides care in the home of the child; (2) Is the child’s parent, a guardian or person acting in place of a parent; (3) Is related to the child by blood, marriage or adoption within the fourth degree; (4) Is a member of the child’s extended family unit, as determined by CCLD on a case-by-case basis; (5) Provides care infrequently or intermittently, including but not limited to care that is provided during summer or other holiday breaks when children are not attending school, for fewer than 70 days in a calendar year; (6) Is a provider of medical services; (7) Provides care for children from only one family, not including the provider’s children; (8) Provides care for three or fewer children, not including the provider’s children; (9) Provides care for preschool-age children that is primarily educational for 4 hours or less per day and where no preschool-age child is present at the facility for more than 4 hours per day; (10) Provides care for school-age children that is not intended for child care purposes and is primarily a single enrichment activity, such as swimming lessons, dance lessons, tutoring, music lessons, sports practice, or any single class in any subject, where no child attends for more than 8 hours per week; (11) Provides group athletic or social activities sponsored by or under the supervision of an organized club or hobby group. This exclusion applies only to the time engaged in the group athletic or social activities; (12) Is operated by a school district, charter school, political subdivision of this state, or a government agency; (13) Operates as a parent cooperative for no more than four hours a day and: (a) Care is provided on a rotating basis by parents that are members of the cooperative; and (b) Are overseen by a board of directors responsible for developing written program policies and procedures that are shared with all members. (14) Provides care while the child's parent or person responsible for the child remains on the premises and is engaged in an activity on site, and: (a) A facility informs parents that the facility’s program is not licensed by the state; (b) Activities do not include work or attending school; and (c) Caregivers are always able to contact the parent(s). (15) Provide youth development activities, as defined in ORS 329A.250(14), to school-age children during hours that school is not in session and which does not take the place of a parent’s care. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 69-2024, minor correction filed 05/06/2024, effective 05/06/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022
414-310-0140 Issuance of Certification (1) Upon receipt of a completed application, a school-age center will be evaluated by a representative of CCLD to determine if it meets all certification requirements. (2) CCLD will issue a regular school-age center certification when the center is determined to be in compliance with all of these rules. A regular school-age center certification is valid for no more than one year. (3) CCLD will issue a temporary school-age center certificate when the center is determined to be in compliance with most of these rules, CCLD has not identified deficiencies that are hazardous to children, and the operator demonstrates an effort to be in full compliance. (a) CCLD may issue a temporary school-age certification when a renewal application is submitted less than 30 days prior to the certification expiration date or in response to an initial application. (b) A school-age center may not operate under a temporary certification for more than 180 days in any 12‐month period. (c) CCLD may deny an initial or renewal application or revoke a temporary certificate if deficiencies continue while the temporary certification is in effect. (4) A school-age center may not operate after expiration or revocation of a temporary certificate unless a prior regular certification is active due to a renewal application submitted more than 30 days before the regular certification expiration date. (5) A school-age center certificate cannot be transferred to any other location or to another organization or individual. (6) A school-age center must request in writing to CCLD any changes in the conditions of the certificate such as center capacity, age range of children, changes in room use, or hours of operation. A school-age center must receive approval from CCLD before making such changes. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 71-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 10-2022, temporary suspend filed 07/06/2022, effective 07/06/2022 through 12/31/2022 ELD 7-2022, adopt filed 07/01/2022, effective 07/01/2022