justicedao/ipfs_state_laws huggingface dataset:
414-210-1020 Injuries (1) A provider must complete a report of any serious injury or incident, and include: (a) The child’s full name and age; (b) The date of occurrence, time, type, circumstances, witnesses, and location at the home or off-site; (c) Time and date of notification of parents; (d) The signature of the reporting caregiver; and (e) The signature of the parent indicating that they reviewed it or received a copy of the report within 48 hours of when the incident occurred. An email or text with confirmation of receipt will count as a parent signature. (2) A provider must maintain, at a minimum, the following first aid supplies at the home, in any vehicle used to transport children in care, and for group activities away from the home: (a) Non-medicated adhesive bandages (assorted sizes); (b) Adhesive tape; (c) Sterile gauze pads (various sizes) (d) A sling, or a large triangular bandage; (e) Bottled water (for cleaning wounds or eyes); (f) Liquid handwashing soap or handwashing gel; (g) Sealed antiseptic towelettes or solution to be used as a wound cleaning agent; (h) Scissors; (i) Tweezers; (j) Disposable latex-free, powder-free gloves; (k) Plastic bags (for disposing of blood and other body fluids); (l) Mercury-free and glass-free thermometer; (m) Cold pack; (n) Chlorine bleach or other disinfectant for cleaning of blood and other bodily fluids; (o) Flexible rolled gauze; and (p) A chart or handbook of first aid instructions. (3) A provider must ensure that the first aid supplies are readily available to caregivers and kept inaccessible to children. (4) A provider must maintain the first aid supplies in a clean and sanitary manner and replace them as needed, including expired items. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-1050 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 staff members; (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 staff members; 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-1230 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-1300 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 414-210-0840, 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 414-210-0210, 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 dep; (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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-1400 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 a caregiver 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) 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-1500 Night Care (1) A provider is subject to these rules when providing night care as defined in OAR 414-210-0100(26). (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 414-210-0310, Central Background Registry Enrollment. (4) Night care must not be provided on the second floor or above. (5) During night care, a 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 414-210-0620 Furniture and Equipment for Infants and Toddlers and OAR 414-210-0900 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 414-210-1100, 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.330 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-210-1620 Civil Penalty (1) CCLD may assess a civil penalty of up to $750 per violation of these rules or terms and conditions of registration. (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 414-210-0100(44), a provider may be subject to a civil penalty not to exceed $750 for each violation. (4) For a non‐serious violation, a provider may be subject to a civil penalty of $250 for each violation. (5) CCLD may assess a separate civil penalty for each day for which CCLD has made a valid finding that a provider 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 registration. Statutory/Other Authority: ORS 329A.260 & ORS 329A.992 Statutes/Other Implemented: ORS 329A.330 & ORS 329A.992 History: DELC 140-2024, adopt filed 12/11/2024, effective 07/01/2025
414-305-0110 Purpose (1) A child care center is defined as a child care facility that is certified to provide child care for a number of children up to the maximum capacity in a setting other than a family child care home. (2) The purpose of OAR 414-305-0000 through 414-305-1620 is to protect the health, safety, and wellbeing of children when cared for outside their own homes by providing requirements for inspecting, certifying, monitoring and otherwise regulating care in a child care center. (3) A person or entity may not operate a child care center without a valid certificate issued by CCLD, unless exempt from registration or certification as provided in ORS 329A.250(5)(a) to (i) and OAR 414-305-0120. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.250 History: DELC 22-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0120 Exemptions for Licensing A child care facility is exempt from certification if the child care 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 center 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 4 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 center informs parents that the center’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.260 Statutes/Other Implemented: ORS 329A.250(14) & ORS 329.250(5) History: DELC 21-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0140 Issuance of Certification (1) Upon receipt of a completed application, a certified child care center will be evaluated by a representative of CCLD to determine if it meets all certification requirements. (2) CCLD will issue a regular certified child care center certification when the center is determined to be in compliance with all of these rules. A regular certified child care center certification is valid for no more than 1 year. (3) CCLD will issue a temporary certified child care 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 certified child care center 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 certified child care 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 certified child care 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 certified child care center certificate cannot be transferred to any other location or to another organization or individual. (6) A certified child care 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 certified child care center must receive approval from CCLD before making such changes. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.280 & ORS 329A.300 History: DELC 24-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0150 Certification Process (1) A certified child care 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 certified child care 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 certified child care 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 certified child care 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 certified child care 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 certified child care 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.260 Statutes/Other Implemented: ORS 329A.300 & ORS 329A.310 History: DELC 25-2024, minor correction filed 04/11/2024, effective 04/11/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024