justicedao/ipfs_state_laws huggingface dataset:
414-305-0720 Physical Restraint (1) A certified child care center may only use physical restraint after complying with all requirements of OAR 414-305-0700, Behavior and Guidance and OAR 414-305-0710, Prohibited Discipline and Actions, and in accordance with OAR 414-305-0200(2)(o). (2) Physical restraint must only be used if a child's safety or the safety of others is threatened and must be: (a) Limited to holding a child as gently as possible to accomplish restraint; (b) Limited to the minimum amount of time necessary to control the situation; and (c) Developmentally appropriate. (3) A staff member must not use bonds, ties, blankets, straps, or weights (including an adult sitting on a child) to physically restrain children. (4) Certified child care center staff must discontinue the use of physical restraint if they sense a loss of their own self-control or concern for the child when using physical restraint. (5) If physical restraint is used, a certified child care center must: (a) Report the use of physical restraint, pursuant to OAR 414-305-0270, Notifications; (b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate; and (c) Document the incident in the child's file, including the date, time, duration, certified child care center staff involved, and what happened before, during, and after the child was restrained. (6) If physical restraint is used more than once on a specific child, the center must develop a written plan with input from individuals who have knowledge of the child’s behaviors, including, but not limited to: the child's primary care provider, mental health provider, school counselor, and the parents or guardians, to address underlying issues and reduce the need for further physical restraint. A center must notify CCLD when a written plan has been developed. Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 41-2024, minor correction filed 04/12/2024, effective 04/12/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0830 Toilets, Sinks, and Bathing (1) A certified child care center must provide smooth, washable, easily-cleanable walls and floors in the toileting and handwashing areas. (2) A certified child care center must provide toilets that: (a) Are supplied with toilet paper; (b) Have doors that can be unlocked from the outside with an opening device readily accessible to staff, if equipped with doors; and (c) Provide privacy for school-age children, such as being screened, equipped with doors, or having children take turns while supervision is maintained. (3) A certified child care center must have handwashing sinks that: (a) Have hot and cold running water; (b) Have mixing faucets if the center’s certification was in effect on July 15, 2001 and when toilet facilities are remodeled; (c) If self-closing metered faucets are used, provide water flow for at least 15 seconds without the need to reactivate the faucet. Centers with certification in effect on July 15, 2001 must comply with the water flow requirement for self-closing metered faucets and when toilet facilities are remodeled; (d) Have water that does not exceed 120°F; (e) Have liquid soap and paper towels within easy reach of children and dispensed in a sanitary manner with a trash container. Other hand drying options must be approved by the environmental health specialist; and (f) Are not used for preparation of food or drinks, dish washing, rinsing soiled clothing, cleaning equipment that is used for toileting, or for the disposal of any wastewater used in cleaning the center. (4) When plumbing is unavailable to provide a handwashing sink, a certified child care center may provide a handwashing sink using a portable water supply and a sanitary catch system, with a written plan approved by a local public health department. A mechanism must be in place to prevent children from gaining access to soiled water or more than one child from washing in the same water. (5) A certified child care center must have a bathtub, bathinette, plastic basin, or similar size shallow sink available for bathing children. (a) If a certified child care center has a bathtub or shower, the area in and around a bathtub or shower must be resistant to slipping or equipped with a grab bar. (b) The bathtub or shower must be inaccessible to children when not in use. 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
414-305-0860 Fire Protection (1) A certified child care center must ensure that the building, occupant load, and means of egress, including the number of exits, exiting distances, doors, and exit illumination and signs are maintained in accordance with the requirements of the Oregon Structural Specialty Code. (2) Doorways, exit access paths, passageways, corridors and exits must be kept free of materials, furniture, equipment and debris to allow unobstructed egress travel to the outside. (3) A certified child care center must not use rooms for child care that are located above or below the ground floor, except as allowed by the Oregon Structural Specialty Code, and approved by the local or state fire code official. (4) A certified child care center must have the size, type and number of fire extinguishers installed, maintained and tested as required by the fire code official. (5) A certified child care center must have smoke detectors that are installed, maintained, and tested as required by the fire code official. (6) A carbon monoxide alarm or detector must be installed and tested in accordance with the manufacturer's recommended instructions and located in accordance with the applicable building and/or fire code. (7) A certified child care center must ensure that all areas and equipment of the center are free from fire hazards including combustible materials such as lint build-up in heating and air vents, filters, and dryer vents, gasoline, chemicals, and solvents. (8) A certified child care center must not use items with open flames, except for the brief supervised use of candles. 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
414-305-0900 Furniture (1) A certified child care center must ensure that furniture is: (a) Installed, maintained, and used according to the manufacturer's instructions; (b) Cleanable; (c) Safely constructed and lead free, with no rough or sharp edges or loose parts; (d) In good working condition and repair with no holes or tears; and (e) Stable or anchored. (2) A certified child care center must provide developmentally appropriate table space and seating for all children. (3) A certified child care center must provide a safe, washable cot or rest mat for each toddler and preschool-age child at nap time, for each school-age child who wants to rest, and for a child that needs to be isolated due to illness. (a) Cots or mats must be assigned to individual children and used by one child at a time. (b) Cots and mats must be cleaned and sanitized when soiled and before use by another child. (c) Each mat used for napping must be: (A) Covered with a durable, washable, waterproof, form-fitting material; (B) At least 1 inch thick; and (C) Free of rips, tears or tape. (d) Mats or cots must be placed at least 2 feet apart if children are placed head to toe; or 3 feet apart otherwise and arranged in a manner that allows for a direct, unobstructed passage to each child. (e) Mats, cots and bed linen must be properly stored so that sleeping surfaces are not touching each other unless cleaned and sanitized after each use. (4) A certified child care center must ensure that each child 12 months of age and older is provided with individual bedding consisting of at least a sheet or blanket. (a) A sheet must cover the entire resting surface. (b) Bedding must either be marked for use by the identified child or laundered daily. (A) All bedding must be thoroughly cleaned and sanitized before use by another child. (B) If marked for use by the individual child, the bedding must be laundered weekly or more frequently if needed. (5) A certified child care center must provide storage space for each child's clothing and personal possessions as well as space for teaching equipment, records and files, and cleaning equipment and supplies. (6) The storage space for children must be labeled with the child’s name, a photograph of the child, or other symbol the child recognizes as referring to themself. (7) A certified child care center must arrange play materials on labeled shelves or in containers to promote and encourage independent access by children. Statutory/Other Authority: ORS 329A.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-0910 Play Materials (1) A certified child care center must provide play equipment and materials that are: (a) Appropriate to the developmental needs, interests and abilities of the children; (b) Sturdy and free of sharp points or corners, splinters, protruding nails or bolts, loose or rusty parts, or paint that contains lead or other toxic materials; (c) Have smooth, nonporous surfaces or washable fabric surfaces that are easy to clean and sanitize, or be disposable; (d) In good condition; and (e) Easily accessible to the children. (2) A certified child care center must provide a shock-absorbing floor surface under and around indoor-climbing equipment and platforms over 18 inches in height that will effectively cushion the fall of a child. The surface must be installed in the use zone and maintained according to the manufacturer’s directions. (3) A certified child care center must offer a quantity and variety of play materials (i.e., toys, books, and games) for each age group that is sufficient to: (a) Avoid competition for popular items; (b) Provide a variety of choices to each child; (c) Provide a balance of: (A) Active and quiet activities; and (B) Individual and group activities; (d) Meet the developmental needs of each group of children; and (e) Provide the variety of activities required in OAR 414-305-0520, Activity Plan for All Children, as appropriate. (4) A certified child care center must provide a variety of developmentally appropriate toys, materials and equipment which give children choices such as: (a) Blocks; (b) Fine motor activities; (c) Writing utensils and materials; (d) Books; (e) Sensory experiences; (f) Gross motor activities; (g) Music; (h) Art; (i) Dramatic play; (j) Science and/or exploration; and (k) Discovery of nature. (5) Activities that include a tool that could pose a safety risk (e.g., iron, glue gun, woodworking tool) are limited to preschool and school-age children. (a) Staff must first instruct children in the tool’s proper use and safety measures. (b) Staff must be within arm’s reach of the children participating in the activity to reduce the risk of injury. (6) A certified child care center must provide culturally and racially diverse learning opportunities within the center’s curriculum, activities, and materials that represent all children, families, and staff. (a) Equipment and materials that support diversity include, but are not limited to: (A) Diverse dolls, books, pictures, games, or materials that do not reinforce stereotypes; (B) Diverse music from many cultures in children's primary languages; and (C) A balance of different ethnic and cultural groups, ages, abilities, family styles, and genders. (b) A certified child care center must actively reflect on the learning opportunities provided in the program to broaden cultural understanding and representation of the cultural backgrounds of the children in the program. 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
414-305-1000 Handwashing (1) Staff and children shall wash their hands with soap and warm running water: (a) After using the toilet; (b) After diaper changing; (c) After assisting someone with toileting; (d) Before handling food; (e) Before and after eating; and (f) Before assisting with feeding. (2) Staff and children must either wash their hands with soap and warm running water or use hand sanitizer with alcohol content between 60-95%: (a) After wiping the nose; (b) After coughing or sneezing; (c) After outside activities; and (d) After handling pet toys or touching animals, other than dogs and cats. (3) Hand sanitizer must be stored out of reach of children. (4) Hand sanitizer shall not be used on children under 24 months of age. (5) Application of hand sanitizer on older toddlers and preschool-age children must be supervised by an adult. (6) When handwashing is not possible, but required by OAR 414-305-1000(1)(a) through (f), e.g. on field trips and on the playground, moist towelettes and hand sanitizer with alcohol content between 60-95% shall be used together. (7) For children who are not able to wash their own hands, staff may wash children’s hands with a single-use cloth rather than under running water. 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
414-305-1020 Injuries (1) A certified child care center must have and follow written procedures for handling injuries that are made known to all staff, including: (a) Procedure for requesting or taking a child to emergency medical care; (b) First aid measures for serious accidents; (c) Routine care for treatment of minor injuries; (d) Standard precautions to handle potential exposure to blood and other potentially infectious fluids (also see OAR 414-305-0850(4), Maintenance and Sanitation); (e) Notification of parents: (A) Any injury that may need evaluation by a physician or impact to a child’s head must be reported to the child’s parent(s) immediately and documented. (B) Any injury requiring first aid or requiring observation must be reported to the child’s parent(s) on the day of occurrence. (f) Ensuring supervision of other children in the group. (2) A certified child care center 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 center or off-site; (c) Time and date of notification of parents; (d) The signatures of the reporting staff and director; (e) Action taken to prevent reoccurrence; and (f) 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. (3) A certified child care center must keep written reports of injuries on file in one location and for at least 2 years. (4) A certified child care center must maintain, at a minimum, the following first aid supplies at the center, in any vehicle used to transport children in care, and for group activities away from the center: (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. (5) A certified child care center must ensure that the first aid supplies are readily available to staff and kept inaccessible to children. (6) A certified child care center 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.260 History: ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-1050 Care of Children with Special 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 certified child care center must have a written care plan that includes: (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) Placement with another age group, if recommended by the child’s healthcare professional or other qualified professional; (11) Stimulus that initiates or precipitates a reaction or series of reactions (triggers) to avoid; (12) Symptoms for staff to observe; (13) Behavioral modifications; (14) Emergency response plans, both if the child has a medical emergency, and special factors to consider in a programmatic emergency, like a fire; (15) Any necessary special skills training and education for staff and the person responsible for training staff members; and (16) Any individualized services (e.g. occupational therapy, speech services) that will be provided at the center. If the individualized service required the child be out of direct supervision of child care staff, parental permission is required. 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
414-305-1200 Transportation Overview (1) If a certified child care center transports children, the center must be in compliance with all applicable state laws, including current vehicle insurance that covers the driver, the vehicle, and all occupants. (a) If a certified child care center contracts for transportation for children while they are in care, the center is responsible for ensuring the contracted entity meets CCLD’s transportation requirements including OAR 414-305-1200 through OAR 414-305-1240. The use of public school transportation on behalf of the certified child care center is exempt from OAR 414-305-1200 through OAR 414-305-1240. (b) Documentation must be maintained as specified in OAR 414-305-0250, Program Records. (c) A certified child care center must not transport children in vehicles or parts of vehicles not designed for transporting people, such as truck beds, campers, and trailers. (2) When children are taken on field trips, the center must ensure that: (a) When children are transported for long distances, the center provides rest and stretch stops as needed; (b) Staff check a written list of children on the field trip frequently to account for the presence of all children and: (A) Prior to boarding and exiting the vehicle; and (B) Any time the group changes locations on site (e.g. when moving from one exhibit to the next); (c) Each child wears an easily identifiable item, such as a label, shirt or wristband, listing the name and telephone number of the child care center; (d) Caregivers are easily identifiable; and (e) A notice of field trips, including the date, destination, and estimated times of departure and return, is posted at least 48 hours in advance of a field trip in a prominent place where parents and others may view it (also see OAR 414-305-0230, Parental Permissions and OAR 414-305-0260, Items Available to View). Statutory/Other Authority: ORS 329A.260 Statutes/Other Implemented: ORS 329A.260 History: DELC 47-2024, minor correction filed 04/12/2024, effective 04/12/2024 ELD 10-2023, adopt filed 06/28/2023, effective 01/01/2024
414-305-1210 Transportation Staffing (1) If a driver is the only adult in the vehicle, a certified child care center must ensure that the driver: (a) Meets teacher or aide II qualifications and training requirements; and (b) Meets additional driver and ratio requirements under OAR 414-305-1210(2) through (3), Transportation Staffing. (2) A certified child care center must ensure that drivers of a vehicle used to transport children: (a) Are at least 21 years of age; (b) Have a valid driver’s license appropriate for the type of vehicle driven; (c) Are certified in first aid and CPR or accompanied by someone with certification; (d) Do not have any medical condition or use alcohol, drugs, tobacco or any medication that could compromise driving, supervision, or evacuation abilities; (e) Operate the vehicle in a legal and safe manner; and (f) Eliminate distractions such as the use of earphones or cell phones. (3) A certified child care center must ensure that there are sufficient staff to meet the required staff-to-child ratios for each age group of children being transported. (a) The driver may count in the staff-to-child ratios (also see OAR 414-305-0400, Staff-to-Child Ratios and Group Size). (b) One staff member must be at least aide II qualified (also see OAR 414-305-0350 Duties and Qualifications of Aides). (c) A certified child care center may allow a parent to transport children other than the parent’s own children without a qualified staff member present in the vehicle, only if the parent meets aide II qualifications and transportation requirements as provided in these rules, and is enrolled in the CBR. (4) A certified child care center must provide adequate supervision to protect children during transportation. (a) A certified child care center’s responsibility begins at the pre-arranged pick-up time or when the child is actually picked up, whichever is earlier, and ends at the pre-arranged drop-off time or when the child is actually dropped off with the person designated by the parent, whichever is later. (b) A certified child care center must never leave children unattended inside or outside of a vehicle. (c) A certified child care center must immediately document attendance each time a child enters and exits 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