justicedao/ipfs_state_laws huggingface dataset:
414-310-0330 Orientation and Initial Training (1) A school-age center must ensure that all staff, including substitutes, receive an orientation within the first 10 days of hire and before staff have unsupervised access to children. An orientation must include, but is not limited to: (a) A review of the rules for certified school-age centers; (b) The written plan for emergency preparedness that addresses evacuation, relocation, shelter-in-place and lockdown procedures and responding to medical emergencies, illness and injuries, allergic reactions, and other incidents; (c) The prevention and control of infectious diseases; (d) Building and premises safety including identification and protection from hazards such as electrical hazards, bodies of water, and vehicular traffic; (e) The handling and storage of hazardous materials and the appropriate disposal of biocontaminants; (f) Methods used to inform personnel of children's specific health, nutritional, and developmental needs; (g) The administration of medication; (h) The center policies, as required under OAR 414-310-0170, Policies; and (i) Procedures for reporting suspected child abuse or neglect. (2) A school-age center must ensure staff, including substitutes, complete the following within 30 days of hire and prior to having unsupervised access to children: (a) CCLD Introduction to Child Care Health and Safety; and (b) A minimum of 2 hours of CCLD approved training on recognizing and reporting child abuse and neglect that is specific to Oregon law. (3) A school-age center must ensure that staff and substitutes complete the following within 90 days of hire: (a) Current certification in first aid and pediatric CPR. Online CPR training is only acceptable if it includes hands-on instruction. First aid and pediatric CPR must be kept current during employment at the center; and; (b) The CCLD approved Child Development Training. (4) A school-age center must ensure the following staff, including substitutes, obtain an Oregon food handler's certifications within 30 days of hire: (a) Cooks and kitchen staff who handle food; and (b) Staff who serve meals from a communal source or put away leftovers. (5) A school-age center program coordinator must provide verification to Oregon Registry Online (ORO) that they have obtained 10 hours of training in the core knowledge category of Program Management; or they must obtain 10 hours within the first year of hire. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 90-2024, 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
414-310-0340 Annual Training (1)A school-age center must ensure the following training requirements are met for each staff: (a) Each school-age center program coordinator or program leader must have at least 15 clock hours of formal training or education annually related to child care, of which at least 8 clock hours is in child development and one hour is in health, safety, and nutrition (HSN). (b) Substitute program leaders who provide care for 60 hours or more per licensing year at one or more site operated by the school-age center must complete at least 15 clock hours of annual training or education related to child care, of which at least 8 clock hours is in child development and 1 hour is in health, safety, and nutrition (HSN). (c) School-age center staff employed less than a year must complete training requirements prorated at 1.25 clock hours for each month worked in the current license period. If the 15 hours of training are pro-rated, the requirement to have 8 hours of training in child development does not apply. (2) Any staff member who works in multiple locations must designate one center for tracking the staff member’s training requirements. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 91-2024, 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
414-310-0350 Training Criteria (1) All staff employed by a school-age center must have an active account with ORO. Staff training must meet the following requirements: (a) Be approved by ORO; and (b) Be at least 1 hour in duration. (2) Staff training that is a component of a staff meeting may be counted toward the required training hours. (3) The following core knowledge categories (CKC) are accepted for the child development and early childhood education requirement: Diversity, Family and Community Systems, Human Growth and Development, Health Safety and Nutrition, Learning Environments and Curriculum, Observation and Assessment, Special Needs, and Understanding and Guiding Behavior. (4) A school-age center may count the following initial required staff training toward the 15 clock hours of annual training during the first year of employment. These hours, with the exception of (g) cannot be applied toward the requirement of 8 hours in child development or early childhood education: (a) Up to 2 hours of orientation at the first renewal period after the staff person’s hire date; (b) First aid and pediatric CPR training; (c) Food handler’s training; (d) CCLD approved training on recognizing and reporting child abuse and neglect; (e) CCLD Introduction to Child Care Health and Safety training; (f) One hour of training in the category of Health, Safety and Nutrition; and (g) CCLD approved child development training (5) During subsequent years of employment, a school-age center may count the following repeated training as part of the 15 clock hours of training: (a) 5 hours of first aid and pediatric CPR training; (b) Food handler's training; (c) Recognizing and reporting child abuse and neglect but only repeated every 3 years; and (d) A Set 2 (intermediate) or Set 3 (advanced) training as described by the ORO can be repeated once, provided it was not taken within the previous 2 years. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 92-2024, 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
414-310-0360 Staff-to-Child Ratios and Group Size (1) “Ratios” mean the number of staff required to be physically present with a child or group of children. (2) “Group size” is the number of children assigned to staff occupying an individual classroom or well-defined space within a larger room. (3) The number of Program Leaders and Assistant Program Leaders and group size is determined by the number of the children in attendance. (a) The staff-to-child ratio is one staff for every 15 children. (b) The maximum group size is 30 children. (4) A school-age center must not exceed the maximum group size except during field trips, outdoor play, planned large group activities, eating or if the school-age program is located in a large space (also see OAR 414-310-0360(5)). (5) If a school-age center’s program is located in a large space (e.g., cafeteria, multi-purpose room), groups can be combined if ratios are maintained, staff are well positioned throughout the room, and interest areas are set up. (6) A school-age center must have at least one caregiver who meets the qualifications of a program leader as defined under Program Leader (see OAR 414-310-0300) with each group of children. (7) A school-age center must count all children in ratios, group size and capacity with the following exceptions: (a) Children visiting with a non-staff parent or a staff parent not being counted to meet staff-to-child ratios as long as the parent is directly supervising their child; and (b) Minors who qualify as volunteers. (8) A school-age center may count staff in ratios under the following situations: (a) While staff are performing minimal cleaning and food service duties, provided supervision is maintained; and (b) When staff are assisting a child in a restroom that opens directly into the classroom provided children can be seen or heard and supervision is maintained. (c) When any children are participating in a contracted service in the center, the room is arranged so all children are supervised and the situation permits, there may be one assistant program leader with CBR enrollment, supervising the group along with the contracted services instructor. As children finish the activity offered by the contracted service, additional caregivers shall be added to return to required ratios. Sufficient caregivers to meet the required ratio shall be in the facility and able to be summoned by the caregiver without leaving the room. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 93-2024, 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
414-310-0370 Supervision of Children (1) A school-age center must ensure that children have the full attention of the required number of staff at all times who must: (a) Be aware of what each child is doing; (b) Know and take into account the age of each child, the child’s individual behaviors, interests, and abilities, the layout of indoor and outdoor space, and any potential hazards or risks from activities children are engaged in; (c) Be near enough to children to assist and respond when needed; (d) Be within sight or sound, without relying on audio or video monitoring devices; (e) Not participate in personal activities that could interfere with supervision, such as visitors, phone calls, or electronic device use; and (f) Provide supervision when contracted non-staff persons are with children (also see OAR 414-310-0360 Staff-to-Child Ratios). (2) With staff knowledge or permission, one child at a time may be out of sight and sound supervision, while on the premises of the child care program, when using the restroom or completing a task separate from the larger group for a maximum of 5 minutes. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 94-2024, minor correction filed 05/09/2024, effective 05/09/2024 DELC 140-2023, amend filed 12/06/2023, effective 01/01/2024 ELD 2-2023, 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
414-310-0380 Creating a Climate for Healthy Child Development (1) When communicating or interacting with children, a school-age center must ensure staff maintain a climate for healthy, culturally responsive child development such as: (a) Using a calm and encouraging tone of voice; (b) Using positive language to explain what children can do and give descriptive feedback; (c) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group; (d) Greeting children upon arrival and acknowledging their departure; (e) Using facial expressions such as smiling, laughing, and enthusiasm to match a child’s mood; (f) Using physical proximity in a culturally responsive way to speak to children at their eye level; (g) Validating children’s feelings and showing tolerance for mistakes; (h) Being responsive, listening to children’s requests and questions, and encouraging children to share experiences, ideas, and feelings; (i) Observing children in order to learn about their families, cultures, individual interests, ideas, questions, and theories; (j) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings; (k) Being respectful of cultural traditions, values, religion and beliefs of enrolled families; and (l) Interacting with staff and other adults in a positive, respectful manner. (2) A school-age center must ensure staff encourage positive interactions between and among children with techniques such as: (a) Giving children several chances a day to interact with each other while playing or completing routine tasks; (b) Modeling social skills; (c) Encouraging socially isolated children to find friends; (d) Helping children understand feelings of others; and (e) Encouraging interactions between children of all abilities. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 95-2024, 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
414-310-0390 Program Schedule (1) A school-age center must develop, post, and follow a written schedule for each group of children, according to their ages, interests, and abilities. (a) The written schedule should provide a consistent routine while allowing for flexibility to respond to the needs of the individual children and group of children. (b) The schedule must: (A) Cover all hours of operation; (B) Provide a balance of active and quiet opportunities; and (C) Include activities such as small and large group activities, free play, daily outdoor experiences and snacks and meals. (c) Any time a school-age center operates more than five continuous hours a day, the center must offer a total of ninety minutes of active play, which may be broken up into smaller blocks of time. (2) A school-age center must ensure daily outdoor play for each child regardless of age, provided weather and environmental conditions do not pose a significant health or safety risk. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 96-2024, minor correction filed 05/09/2024, effective 05/09/2024 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
414-310-0410 Behavior and Guidance (1) A school-age center must have a written policy on behavior and guidance of children that is simple and understandable to the child, the parent(s), and all staff (also see OAR 414-310-0170, Policies). (2) A school-age center must have the behavior and guidance policy available in a prominent and frequently visited location for the parents and public to view. (3) A school-age center’s behavior and guidance policy must include the use of positive guidance to help children develop self-control, self-direction, and respect for others through these approaches: (a) Setting and teaching simple, consistent, clear and positive rules and limits that children can understand; (b) Setting up the environment for success with engaging activities that encourage positive behavior and self-regulation; (c) Following a predictable daily routine and schedule with planned transitions; (d) Reinforcing positive behaviors with encouragement and descriptive praise; (e) Supervising actively, taking steps to prevent problems before they occur and explaining safe, natural and logical consequences related to a child’s behavior; (f) Helping children recognize and appropriately express their feelings and understand the feelings of others; (g) Modeling and teaching social skills such as taking turns, cooperation, waiting, treating others kindly, and problem solving; and (h) Redirecting or helping a child change their focus to something appropriate when their behavior is unacceptable. (4) A school-age center must ensure that only staff shall provide guidance to a child. (5) A school-age center must provide guidance that is fair, consistently applied, timely, and appropriate to the behavior, age, and development of the child. (6) When other methods have not been effective, a school-age center may remove the child from an activity or group for the time necessary to regain self-control. Staff must be actively responsive to the child’s needs. When the child has regained self-control, the child may rejoin a group or ongoing activity. (7) A school-age center must have a policy that addresses how staff must proceed if a child is displaying inappropriate behaviors that could endanger themselves or the safety of others (see Policies, OAR 414-310-0170). (8) A school-age center must intervene appropriately to stop biased behavior displayed by children or adults, including but not limited to: (a) Redirecting an inappropriate conversation or behavior; (b) Being aware of situations that may involve bias, responding appropriately, taking actions to prevent future occurrences; and (c) Refusing to ignore bias. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 97-2024, 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
414-310-0420 Prohibited Discipline and Actions A school-age center must not use or threaten to use any of the following prohibited actions even if requested or agreed to by parents: (1) Rough or harsh handling of children or use of corporal punishment in any form, including, but not limited to hitting, spanking, slapping, shaking, swatting, throwing, jerking, pinching, biting, or other measures that produce physical pain; (2) Bind or restrict a child's movement unless permitted under OAR 414-310-0430; (3) Using unauthorized prescription or non-prescription drugs or chemicals for discipline or to control behavior; (4) Confining or isolating a child in an enclosed or darkened area (e.g., a locked or closed room, bathroom, closet, or box for punishment); (5) Withdrawing, denying or forcing food, rest or toileting; (6) Forcing or compelling a child to eat or placing soap, food, spices, or foreign substances in the child’s mouth; (7) Exposing a child to extremes of temperature; (8) Yelling harshly or using profane or abusive language; (9) Punishing or demeaning a child for toileting accidents or refusing to eat food; (10) Allowing any form of mental or emotional punishment or verbal abuse, including but not limited to public or private humiliation, name calling, teasing, ridicule, intimidation, making derogatory or sarcastic remarks about a child's family, race, gender, religion, or cultural background, rejecting, frightening, neglecting, or corrupting a child; (11) Demanding excessive physical exercise, excessive rest, or strenuous postures; or (12) Requiring a child to remain silent or inactive or removing a child from all activities or the group for excessive periods of time. Statutory/Other Authority: ORS 329A.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 99-2024, minor correction filed 05/09/2024, effective 05/09/2024 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
414-310-0430 Physical Restraint (1) A school-age center may only use physical restraint after complying with all requirements of OAR 414-310-0410, Behavior and Guidance and OAR 414-310-0420, Prohibited Discipline and in accordance with OAR 414-310-0170(2)(n). (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 heavy weights (including an adult sitting on a child) to physically restrain children. (4) School-age 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 school-age center must: (a) Report the use of physical restraint, pursuant to OAR 414-310-0260, 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, school-age center staff involved, duration, 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.280 Statutes/Other Implemented: ORS 329A.280 History: DELC 101-2024, 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