Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 350 - CERTIFIED FAMILY CHILD CARE HOMES › Section 414-350-0390 - Suspension, Denial and Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certification may be denied or revoked if
			 a certified family child care home fails to meet requirements, provide CCLD
			 with information requested, allow an inspection, correct deficiencies, or is
			 operated or maintained in a manner which is harmful to the health, safety or
			 well-being of children in care.
(2)
			 The provider has the right to appeal any decision to suspend, deny or revoke
			 the certification, subject to the provisions of Chapter 183, Oregon Revised
			 Statutes.
(3) A provider whose
			 certification has been denied for cause (e.g. health and safety concerns,
			 criminal activity or child abuse and neglect involvement) or revoked shall not
			 be eligible to reapply for 5 years after the effective date of the
			 closure.
(4) If necessary to
			 protect children, CCLD may give public notice of denial, suspension or
			 revocation action taken. The type of notice will depend on individual
			 circumstances.
(5) CCLD may
			 immediately, and without prior notice, suspend the child care certification
			 when, in the opinion of CCLD, such action is necessary to protect the children
			 from physical or mental abuse or a substantial threat to health, safety or
			 well-being. Such action may be taken before an investigation is
			 completed.
(6) A provider whose
			 certification has been suspended must immediately notify, verbally or in
			 writing, all parents of the suspension.
(7) A provider whose certification has been
			 suspended must post the suspension in the home where it can be viewed by
			 parents and others for the duration of the suspension.
(8) If the provider does not request a
			 hearing and the conditions which resulted in suspension have not been
			 corrected, the certification shall be revoked.
(9) An owner whose certification has been
			 suspended must immediately provide CCLD with all names, work and home telephone
			 numbers and addresses of the parent(s) or legal guardian(s) for each
			 child.
(10) A certified family
			 child care home whose certification has been denied or revoked must immediately
			 notify all parents of the closure and shall post a notice of the closure where
			 it can be viewed by parents and others. The notice shall remain posted for a
			 minimum of 2 weeks.
(11) Any action
			 taken by CCLD to deny, suspend, or revoke certification may be reported to the
			 Department of Human Services, USDA Child Care Food Programs, child care
			 resource and referral system.
(12)
			 If any person, who is enrolled in the CBR, has been charged with, arrested for,
			 or a warrant is out for any of the crimes which CCLD has determined indicate
			 behavior which may have a detrimental effect on a child, with final disposition
			 not yet reached, certification may be denied or suspended or revoked until the
			 charge, arrest, or warrant has been resolved if the person continues to
			 operate, be employed in or reside in the home, or have access to children in
			 the home.
(13) Certification may be
			 denied, suspended or revoked if an individual listed in OAR 414-350-0080(5)  has
			 a child abuse and neglect history or an open child abuse and neglect or law
			 enforcement case that would disqualify the individual from the CBR.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260