justicedao/ipfs_state_laws huggingface dataset:
414-360-1050 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 provider 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 caregivers; (6) Allergies; (7) Dietary modifications required for the health of the child; (8) Activity modifications; (9) Environmental modifications; (10) Stimulus that initiates or precipitates a reaction or series of reactions (triggers) to avoid; (11) Symptoms for caregivers to observe; (12) Behavioral modifications; (13) Emergency response plans, both if the child has a medical emergency, and special factors to consider in a programmatic emergency, like a fire; (14) Any necessary special skills training and education for caregivers and the person responsible for training caregivers; and (15) Any individualized services (e.g. occupational therapy, speech services) that will be provided at the home. If the individualized service required the child be out of direct supervision of caregivers, parental permission is required. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-1230 Passenger Restraints and Vehicles (1) A provider must meet the following passenger restraint and seating rules to ensure children’s safety during transportation: (a) The manufacturer’s maximum seating capacity for the vehicle is not exceeded; (b) 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; (c) Restraint systems are properly maintained, such as not expired, recalled, or previously involved in a crash; (d) Child care children are not permitted to ride in the front seat of a vehicle; and (e) 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. (2) A provider must ensure that all vehicles used for transportation meet the following: (a) Vehicles, including school buses, are in compliance with all applicable state and local motor vehicle laws. (b) If a provider 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. (c) Vehicles have a current license plate and registration as required by Oregon state transportation laws, including vehicles driven by volunteers. (d) Vehicles are maintained in good repair and safe operating condition at all times. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-1300 Swimming and Water Activities (1) A provider must have written permission from each child’s parent before engaging in any swimming activities. (2) A provider must provide constant sight and sound supervision of children around any bodies of water. (3) A provider 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 414-360-0840, Prevention and Management of Hazards regarding access to pools and other bodies of water.) (4) In natural bodies of water, such as shallow surf, lakes, rivers, and streams, a provider must limit activity to wading by children 36 months of age and older and must not allow swimming. (5) A provider must not permit children to use or have access to a hot tub, spa, portable wading pool, or other similar equipment. (6) If a provider has on-site swimming or is responsible for off-site swimming, the provider’s written emergency plan (required by OAR 414-360-0210, Emergency Preparedness and Response) must also include pool and swimming safety. (7) At all times when children are engaged in swimming and wading activities on or off the premises, a provider must: (a) Ensure that caregivers are in or at the water and prepared to enter; (b) Ensure that caregivers remain in direct physical contact with infants at all times and not more than an arms length from 1-year-olds; (c) Meet the following caregiver-to-child ratios: (A) Six weeks of age to 36 months - 1:1; (B) Preschool-age – 1:6; (C) School-age – 1:10. (D) The age of the youngest child in a mixed-age group determines the caregiver-to-child ratio. (d) Verify that all caregivers counted in the caregiver-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. The lifeguard may not count in caregiver-to-child ratios; and (f) Review safety rules with children each time they participate. (8) Water activities that involve a sprayer or spray feature using potable water that is not re-circulated or collected may be conducted by the provider. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-1400 Animals (1) A provider must ensure that any animal accessible to child care children 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 according to a licensed veterinarian's recommendations, including rabies vaccinations for dogs. Proof of current compliance with immunizations shall be kept on file in the home; and (e) Kept in a cage or tank with the exception of cats and dogs. (2) All animals shall be kept away from food preparation surfaces. If animals have access to food preparation surfaces, the surfaces shall be cleaned and sanitized prior to meal preparation. (3) A provider may not allow an animal with any history of biting to be in child care activity areas during operating hours or while child care children are present. (4) A provider must take precautions when encountering any animals unfamiliar to the caregivers, such as a stray. (5) A provider 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 animal is present as part of an educational program run by a zoo, museum or another professional animal handler. (6) A provider must ensure that all contact between an animal and a child is supervised by caregivers 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. (7) Parents must be made aware of the presence of any animals on the premises. (8) A provider must have and follow written procedures for the care and maintenance of the animals. (9) Animal waste items such as litter boxes and pet training pads shall not be located in areas accessible to children or areas used for food storage or preparation. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-1500 Night Care (1) A provider is subject to these rules when providing night care as defined in OAR 414-360-0100(27). (2) A provider must: (a) Be awake for the arrival and departure of each child in night care; and (b) Be present on the same floor level as the child care children who are sleeping. (3) All individuals 18 years of age and older, inclusive of guests sleeping in the home during night care hours, must comply with OAR 414-360-0310, Central Background Registry Enrollment. (4) Night care must not be provided on the second floor or above. (5) During night care, the provider must have a method for illuminating evacuation routes. (6) The following accommodations must be provided to sleeping children: (a) Each child who spends the majority of their sleeping hours per night in night care must have an individual bed and mattress, or another sleeping arrangement that provides adequate support to a child's body and of a size appropriate to the age of the child. The mattress must be fitted with a waterproof cover. (b) Each child who does not spend the majority of their sleeping hours in night care must have an individual crib, portable crib, play yard, cot, mat, or bed with bedding as specified in OAR 414-360-0620, Furniture and Equipment for Infants and Toddlers and OAR 414-360-0900, Furniture, Equipment and Play Materials. (c) The upper level of bunk beds must be used only for children 10 years or older when a bed rail and safety ladder are in place. (d) Other than infants, children must be provided with sheets, pillows, pillowcases, and blankets. (e) Sheets, pillowcases, and blankets must be laundered at least weekly, when soiled, and before use by another child. (7) When bathing is provided: (a) There must be at least one bathtub or shower available to children. (A) The bathtub or shower must have appropriate equipment to prevent slipping. (B) Glass shower doors or glass tub enclosure must be constructed with safety glass. (b) There must be individual washcloths and towels for each child. (c) Privacy must be maintained for school-age children when bathing and changing clothes. (d) Children must not bathe with other children unless a parent(s) has given written permission for siblings to bathe together. (8) Each child must have the opportunity to brush their teeth with an individual toothbrush and toothpaste labeled with their name. (9) A provider must meet the nutritional needs of children in evening and night care as specified in OAR 414-360-1100, Food and Food Service. (a) Dinner must be provided to children in night care if a child is at the child care home after their dinner time or has not had dinner before entering night care. (b) A nutritious snack must be offered to all children after dinner service and before bed. (c) Each child present at the time breakfast is scheduled must be served breakfast, unless the parent(s) specifies otherwise. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-360-1620 Civil Penalty (1) CCLD may assess a civil penalty of up to $1200 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 family child care’s compliance with the rule. (3) For a serious violation, as defined in OAR 414-360-0100(42), a provider may be subject to a civil penalty not to exceed $1200 for each violation. (4) For a non‐serious violation, a provider may be subject to a civil penalty of $400 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 family child care 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 or unregistered 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 provider 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 provider’s certification. Statutory/Other Authority: ORS 329A.260 & ORS 329A.992 Statutes/Other Implemented: ORS 329A.280 & ORS 329A.992 History: DELC 138-2024, adopt filed 12/11/2024, effective 07/01/2025
414-425-0000 Purpose and Scope (1) Oregon Administrative Rules (OAR) 414-425-0000 through 414-425-0040 are the CCLD’s minimum requirements for school age recorded programs. The purpose of these rules is to collect and publish information on school age recorded programs and require criminal background checks on staff and volunteers having contact with children in these programs. (2) Nothing in these rules is intended to create requirements applicable to a program that is: (a) Required to be certified under ORS 329A.280 or registered under ORS 329A.330; or (b) Operated by a school district as defined in ORS 332.002; or (c) Operated by a political subdivision of this state; or (d) Operated by a governmental agency. (3) Nothing in these rules is intended to create requirements for programs that offer care that is a single enrichment activity for eight hours or less a week. Statutory/Other Authority: ORS 329A.250(13)(a-c) & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255, ORS 329A.010 & ORS 329A.020 History: DELC 9-2024, minor correction filed 02/05/2024, effective 02/05/2024 DELC 103-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 18-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10
414-425-0010 Definitions (1) “Central Background Registry” means CCLD’s Registry of individuals who have been approved to be associated with a child care facility in Oregon pursuant to ORS 329A.030 and OAR 414‐061‐0000 through 414‐061‐0120. (2) “Child Care” means the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation. (3) “CCLD" means the Child Care Licensing Division in the Department of Early Learning and Care. (4) “Program Record” means the document a school age recorded program is issued by CCLD to operate a school age recorded program pursuant to ORS 329A.257 and OAR 414-425-0000 through 414-425-0030. (5) “School Age Child” means a child eligible to be enrolled in the first grade or above in public school including the months of summer vacation prior to being eligible to be enrolled in the first grade or above in the next school year, up to age 13. For purposes of these rules, a child attending kindergarten may be considered a school age child. (6) “School Age Recorded Program” means a program for school age children that does not take the place of a parent’s care, in which youth development activities are provided to children during hours that school is not in session. For purposes of these rules it does not include programs that are operated by a school district as defined in ORS 332.002. (7) “Staff” means any individual 18 years and older who works in, and has contact with children in the program (8) "Youth development activities” means care, supervision or guidance that is intended for enrichment, including but not limited to teaching skills or proficiency in physical, social or educational activities such as tutoring, social activities, and recreational activities. (9) “Volunteer” means any individual 18 years or older who intends to perform uncompensated duties for the program and who may have unsupervised contact with the children in the program or who is in the facility more than four hours per year and has contact with children in the program. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255 & ORS 329A.010 History: DELC 8-2024, minor correction filed 02/05/2024, effective 02/05/2024 DELC 104-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022 Reverted to CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10 CCD 3-2011(Temp), f. & cert. ef. 6-30-11 thru 10-20-11 CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11 CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10
414-425-0020 Application for a Program Record (1) No person or organization shall operate a school age recorded program without an active program record issued by the Child Care Licensing Division (CCLD). (2) Application for program record shall be made on forms provided by CCLD. The original forms must be submitted to CCLD for processing. (3) A completed application is required: (a) For a new program record (b) For renewing a program record (4) There is a nonrefundable processing fee of $20 for each application. (5) To determine if requirements are met, the applicant may be required to supply additional information or permit CCLD to visit and assess the program. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255 & ORS 329A.010 History: DELC 7-2024, minor correction filed 02/05/2024, effective 02/05/2024 DELC 105-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 19-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10
414-425-0025 Issuance of a School Age Program Record (1) CCLD shall issue a program record to a person or organization operating a school age program if CCLD determines that the applicant meets the requirements of ORS 329A.250(13)(a-c) and 329A.255; and OAR 414-250-000 through 414-425-0040. (2) A record is valid for two years from date of issuance. (3) A record authorizes operation of the school age recorded program only at the address described in the record and only by the person named in the record. (4) CCLD will create and maintain a database of school age recorded programs. The database will include: (a) Name and address of the program; (b) Name of contact person; and (c) Program information such as capacity, school age range of children served and hours of operation. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.010 History: DELC 6-2024, minor correction filed 02/05/2024, effective 02/05/2024 DELC 106-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 20-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10
414-425-0030 General Requirements (1) Through December 31, 2022, the school age recorded program must assure that criminal background checks are done on all staff and volunteers prior to having contact with children in the program. Enrollment in the Central Background Registry as defined in OAR 414-061-0020(18) that is not a limited enrollment as defined in OAR 414-061-0020 (25)(b) shall meet the requirement of a criminal background check. (2) Beginning January 1, 2023, the school age recorded program must obtain and have on file written verification from CCLD that all staff and volunteers are enrolled in the Central Background Registry prior to having contact with children, and must maintain in the program’s records written verification from CCLD of enrollment. Enrollment, limited enrollment as defined in OAR 414-061-0020(25)(a) or conditional enrollment as defined in OAR 414-061-0020(9) meets this requirement. The school-age recorded program may allow individuals for which the school-age recorded program completed a criminal background check before January 1, 2023 to continue be employed or allowed to volunteer after January 1, 2023 without enrollment in the Central Background Registry if the individual submits a completed application for enrollment in the Central Background Registry no later than June 30, 2023 for which CCLD has not issued a notice of intent to deny. (3) The school age recorded program must post a notice where it is visible to parents that the program is recorded with CCLD and is legally exempt from licensure. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.010 History: DELC 5-2024, minor correction filed 02/05/2024, effective 02/05/2024 DELC 107-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022 ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022 Reverted to CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10 CCD 3-2011(Temp), f. & cert. ef. 6-30-11 thru 10-20-11 CCD 1-2011(Temp), f. 4-28-11, cert. ef. 5-1-11 thru 10-20-11 CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10
414-425-0040 Denial of Application and Sanctions (1) An initial application for a new program record or renewal application may be denied if CCLD finds that: (a) The program or its operation does not comply with ORS 329A.250(13)(a-c) and ORS 329A.255, with applicable rules or with any term or condition imposed under the record; or (b) A visit, on-site investigation or inspection of a program or its records authorized by ORS 329A.390 has not been permitted. (2) A person or organization that violates any provision of this section or any term or condition of a program record is subject to a civil penalty not to exceed $100. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.010, ORS 329A.250 & ORS 329A.390 History: DELC 4-2024, minor correction filed 02/05/2024, effective 02/05/2024 DELC 108-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 21-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 5-2010, f. 6-30-10, cert. ef. 7-1-10
414-450-0000 Purpose and Scope (1) Oregon Administrative Rules (OAR) 414-450-0000 through 414-450-0040 are the Child Care Licensing Division's (CCLD) minimum requirements for preschool recorded programs. The purpose of these rules is to collect and publish information on preschool recorded programs, and require criminal background checks on staff and volunteers having contact with children in these programs. (2) Nothing in these rules is intended to create requirements applicable to a program that is: (a) Required to be certified under ORS 329A.290 or registered under ORS 329A.330; or (b) Operated by a school district as defined in ORS 332.002; or (c) Operated by a political subdivision of this state; or (d) Operated by a governmental agency. Statutory/Other Authority: ORS 329A.255 & ORS 329A.020 Statutes/Other Implemented: ORS 329A.255, ORS 329A.010 & ORS 329A.020 History: DELC 97-2023, minor correction filed 11/22/2023, effective 11/22/2023 ELD 22-2022, minor correction filed 10/31/2022, effective 10/31/2022 CCD 6-2010, f. 6-30-10, cert. ef. 7-1-10