justicedao/ipfs_state_laws huggingface dataset:
414-310-0150 Certification Process (1) A school-age center must comply with the conditions of the certificate when admitting children, including, but not limited to, capacity, hours of operation, age range, and special conditions. (2) A school-age center must allow representatives of all agencies involved in certification to have immediate access to all areas of the center and premises when child care children are present, including: (a) Areas deemed inaccessible to children, including rooms not typically used for child care, second floors and other structures on the property; (b) Records of children enrolled in the center, and all records and reports related to the child care operation regarding compliance with these rules; and (c) All staff. (3) A school-age center certification may be denied, suspended or revoked if the owner has been removed, denied or suspended from the CBR. (4) If a complaint alleges that a school-age center is not in compliance with these rules, an assessment is made which may include a visit, interviews with the center staff, records review, and program observation to determine whether a complaint allegation is valid, unable to substantiate, or invalid. (5) Information that a school-age center provides to CCLD on applications, in records or reports, or any other written or verbal communication, must be current, complete, and accurate. (6) Parental request or permission to waive any of the rules for the certification of child care centers does not give a school-age center permission to do so. (7) CCLD certification records are open to the public on request, including findings of complaint investigations. However, information protected by state or federal law and the names of children and adults will not be disclosed. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 72-2024, 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
414-310-0160 Exceptions to Rules (1) A school-age 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 or federal law; or (b) If the health, safety, and well‐being of the children cannot be ensured. (4) A school-age center must remain in compliance with the rule as written until CCLD approves the exception request. (5) In certain circumstances, a school-age 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.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 73-2024, 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
414-310-0190 Children's Records (1) A school-age 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 a child attends, if the child attends a school other than where care is provided; (g) Name and telephone number of child's medical provider(s) or emergency care facility, if applicable; (h) Authorization to obtain emergency medical care and to transport the child for emergency medical treatment; (i) Developmental and health history that could affect the child's participation in child care; (j) A written care plan for any child must be readily accessible to those caring for the 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 414-310-0580, Care of Children with Specific Needs); and (k) Verification that parents have received a copy of the center policies. (2) A school-age 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 school-age center must permit parents, upon request, to review records and reports, except for child abuse reports, on their own children. (4) A school-age center must have the parent or guardian review, update, and sign or initial the enrollment form at least annually. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 76-2024, 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
414-310-0200 Immunizations (1) The 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 school-age 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.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 77-2024, 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
414-310-0220 Arrival and Departure (1) A school-age 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. (2) A school-age center must also be in compliance with OAR 414-310-0260 (Notifications), OAR 414-310-0210 (Permissions), and OAR 414-310-0170 (Policies). (3) If a child has parental permission to arrive or depart on their own (also see Parental Permissions OAR 414-310-0210), a staff member must sign the child in or out, as appropriate. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 79-2024, 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
414-310-0230 Staff Records A school-age 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 school-age center. If a school-age center does not yet have a CBR confirmation letter for staff, a school-age center must have written documentation that the school-age 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 school-age 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 School-Age Child Care Centers. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 80-2024, 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
414-310-0270 General Staffing Requirements (1) A school-age 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 414-310-0260, Notifications); and (i) Have the required training and experience for the position they are filling. (2) A school-age 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 school-age 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 school-age 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 or 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 414-310-0550(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.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 84-2024, 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
414-310-0280 Central Background Registry Enrollment (1) The operator, all school-age 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 prior to the issuance of an initial or renewal certification. An individual who is the owner or the principal of an entity that is the owner of a school-age center must be enrolled in the CBR to be on the center premises or present with children off-site during child care hours. (2) A school-age 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. (3) 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. (4) 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. (5) Any visitor to the school-age center or other adult who is not enrolled in the CBR shall not have unsupervised access to children. (6) A school-age 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. (7) A school-age 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. (8) 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.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 85-2024, 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
414-310-0290 Program Coordinator (1) A school-age center must employ staff who meet(s) the qualifications of Program Coordinator as outlined in (2) below. The Program Coordinator is responsible for: (a) Maintaining compliance with all school-age center rules and all conditions placed on the license; (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 sharing community resources with families including resources for children with special 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. (h) Designating one Program Leader at each site who is responsible for maintaining compliance with CCLD rules. There must be one designated Program Leader on site at all times. (i) To allow for adequate oversight of the center, the center’s Program Coordinator: (A) Must be at each site at least two times a month, and for a minimum of one hour each visit while children are in care, if the most experienced program leader at the site has been in their positions for less than six months. If the most experienced program leader at the site has been in their position for more than six months, the Program Coordinator must be on site one time a month for a minimum of one hour. (B) May serve as a Program Leader, if qualified and if the center is certified for less than 45 children; and (C) Must be available by phone at all times during child care hours. (2) A school-age center Program Coordinator must: (a) Be at least 21 years of age; (b) Meet the initial and annual training requirements (also see OAR 414-310-0340, Annual Training and OAR 414-310-0330, Orientation and Initial Training); (c) Have at least one year of experience supervising adults; and (d) Have verifiable knowledge of child development for school age children, as evidenced by a combination of professional references, education, experience or training; or completion of the training listed in Table 1 within 90 days of hire. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 86-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 1-2023, minor correction filed 01/06/2023, effective 01/06/2023 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
414-310-0300 Program Leaders (1) A school-age center’s Program Leader is responsible for: (a) The supervision of their assigned group of children at all times; (b) The supervision of any assistant program leaders or volunteers assigned to their group; and (c) Maintaining compliance with all school-age center rules and all conditions placed on the license when the Program Coordinator is not present. (2) A Program Leader must: (a) Be at least 18 years of age; (b) Meet the initial and annual training requirements (also see OAR 414-310-0340, Annual Training and OAR 414-310-0330, Orientation and Initial Training); and (c) Meet the experience and training qualification requirements for the assigned age group for the group of children in the Program Leader’s care in one of the options listed in Table 2 of this section. (3) A school-age center’s substitute Program Leader must meet Program Leader qualifications, understand the Program Leader responsibilities, be familiar with the certification requirements, have access to all records, and be authorized and able to correct deficiencies. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 87-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 3-2023, minor correction filed 01/06/2023, effective 01/06/2023 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
414-310-0310 Assistant Program Leaders (1) A school-age center’s Assistant Program Leaders support Program Leaders in caring for a group of children under the direct supervision of the Program Leader. (2) An Assistant Program Leader must: (a) Be at least 14 years old; (b) Be within sight AND sound of a staff person who meets the qualifications of a Program Leader if under the age of 18 years; (c) Be within sight OR sound of a staff member who meets the qualifications of a Program Leader if 18 years of age or older; and (d) Meet the initial training requirements (also see OAR 414-310-0330, Orientation and Initial Training). Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 88-2024, 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
414-310-0320 Other Staff and Volunteers (1) A school-age 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 414-310-0280,Central Background Registry Enrollment; (b) Complete the CCLD Introduction to Child Care Health and Safety training as required under 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 school-age center must ensure that substitutes counted in the staff-to-child ratio meet qualifications for the position they hold. (3) If a school-age 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 school-age 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 school-age center for no more than 4 hours per day. (7) A school-age center must identify the duties for each volunteer and share them with the volunteer and program leader in writing prior to the volunteer beginning work at the center. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 89-2024, 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