reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0030 - Guidance and Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
The following behaviors by caregivers are prohibited:
(1) Using any form of corporal punishment,
			 including, but not limited to: hitting, spanking, slapping, beating, shaking,
			 pinching or other measures that produce physical pain, or threatening to use
			 any form of corporal punishment.
(2) Parental request or permission to use any
			 form of behavior listed in subsection (a) of this section, does not give the
			 provider or substitute provider permission to do so.
Statutory/Other Authority: ORS
				  326.425 & ORS
				  329A.020
Statutes/Other Implemented: ORS
				  329A.505, ORS
				  329A.010, ORS
				  329A.020 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0035 - Nutrition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Meals and
			 snacks must be based on the guidelines of the USDA Child and Adult Care Food
			 Program.
(2) Foods must be stored
			 and maintained at the proper temperature.
(3) Infants must be held or sitting up for
			 bottle feeding. Propping bottles is prohibited.
Statutory/Other Authority: ORS
				  326.425 & ORS
				  329.020
Statutes/Other Implemented: ORS
				  329A.505, ORS
				  329A.010, ORS
				  329.020 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0040 - Access to Physical Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Providers must make available activities, materials, and equipment for both
			 indoor and outdoor play that provide a variety of experiences geared to the
			 ages and abilities of the child(ren) with a balance of active and quiet
			 play.
(2) Child care children shall
			 not be exposed to more than two hours of screen time per day. All media
			 exposure must be developmentally and age appropriate. Screen time is defined as
			 time spent using a device such as a computer, television, or games
			 console.
Statutory/Other Authority: ORS
				  326.425 & ORS
				  329A.020
Statutes/Other Implemented: ORS
				  329A.505, ORS
				  329.010, ORS
				  329A.020 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0045 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following records, except those specified in OAR 414-180-0045(1)(e), must be
			 kept by the provider for at least one year. These records shall be available at
			 all times to CCLD:
(a) Information from the
			 parent(s) for each child at the time of admission:
(A) Name and birth date of the
			 child;
(B) Any chronic health
			 problem(s), including allergies, the child has;
(C) Date child entered care;
(D) Names, work and home telephone numbers
			 and addresses, and the work hours of the parent(s) or legal
			 guardian(s);
(E) Name and telephone
			 number of person(s) to contact in an emergency;
(F) Name and telephone number of person(s) to
			 whom the child may be released;
(G)
			 Health history of any problems that could affect the child's participation in
			 child care.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0050 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CCLD
			 records are open to the public on request. However, information protected by
			 state or federal law will not be disclosed.
(2) The name and status of providers is
			 public information.
(3) The
			 provider shall report to CCLD:
(a) Any death
			 of a child while in care, within 24 hours;
(b) Within 24 hours:
(A) Any child that is lost or missing from
			 the premises;
(B) Any child that is
			 left behind on a facility excursion;
(C) Any child that is left unattended on the
			 premises;
(D) Any child that is
			 left alone on the playground; or
(E) Any child that is left alone in a
			 vehicle.
(c) Any serious
			 injury or incident, as defined in OAR 414-180-0010(21)  within 5 calendar days
			 after the occurrence. This does not include:
(A) Injuries for which a child is evaluated
			 by a professional as a precaution;
(B) Injuries for which first aid is
			 administered at the operation, but no further treatment by a medical
			 professional is warranted; or
(C)
			 Medical events due to routine, ongoing medical issues, such as asthma or
			 seizures.
(d) Any animal
			 bites to a child within 48 hours of occurrence.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0055 - Enforcement of Regulatory Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provider shall allow an inspection of
			 all areas of the child care facility that are accessible to child care
			 children, and a health and safety review of other areas of the child care
			 facility to ensure the health and safety of child care children.
(2) The provider or substitute must allow a
			 representative from the Child Care Licensing Division (CCLD) access to the
			 child care facility any time child care children are present.
(3) The provider must allow parents or legal
			 guardians of child care children access to the child care facility during the
			 hours their child or children are in care.
Statutory/Other Authority: ORS
				  326.425 & ORS
				  329A.020
Statutes/Other Implemented: ORS
				  329A.505, ORS
				  329A.010, ORS
				  329A.020 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 180 - REGULATED SUBSIDY CHILD CARE FACILITIES › Section 414-180-0090 - Compliance with Child Abuse Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Any caregiver who has reason to believe that any child has
				suffered or is currently suffering from abuse (physical injury, mental injury,
				neglect that leads to physical harm, sexual abuse and/or exploitation, or
				threat of harm) must report the information to the Department of Human Services
				Child Welfare (DHS) or to a law enforcement agency. By statute, this
				requirement applies 24 hours per day.
Statutory/Other Authority: ORS
				  326.425 & ORS
				  329A.020
Statutes/Other Implemented: ORS
				  329A.505, ORS
				  329A.010 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon
			 Administrative Rules (OAR) 414-205-0000  through 414-205-0170  are the Child Care
			 Licensing Division's (CCLD) minimum requirements for registering family child
			 care providers. The purpose of these rules is to protect the health, safety,
			 and well-being of children when cared for outside their own homes.
(2) Registration is required for persons who
			 provide child care:
(a) On other than an
			 occasional basis; and
(b) To more
			 than three children from more than one family at any one time, other than the
			 person's children subject to the limits in OAR 414-205-0065.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Caregiver"
			 means any person, including the provider, who cares for the children in the
			 registered family child care home and works directly with the children,
			 providing care, supervision and guidance.
(2) "Central Background Registry" (CBR) means
			 OCC'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.
(a) "CBR Enrollment"
			 means approval for a 5 year period to be enrolled in the CBR following an
			 Oregon State Police criminal records check, child abuse and neglect records
			 check, checks of adult protective services and foster care certification and an
			 FBI records check.
(b) "CBR
			 Conditional Enrollment" means temporary approval to be enrolled in the CBR
			 following a Oregon State Police records check and child abuse and neglect
			 records check but prior to receipt by OCC of the results of the required FBI
			 records check.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0020 - Application for Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The applicant must apply for registration on the form(s) supplied by CCLD. The
			 original form(s) must be submitted to CCLD for processing.
(2) Persons submitting new applications must
			 attend a family child care overview session prior to submitting their
			 application to CCLD.
(3) Persons
			 interested in submitting an application must meet the training requirements
			 outlined in OAR 414-205-0055.
(4)
			 An application for registration is required:
(a) For a new registration;
(b) For renewing a registration;
			 and
(c) For reopening a
			 registration.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0035 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The home
			 in which child care is provided must be the residence of the
			 provider.
(2) The provider may not
			 hold a medical marijuana card, grow marijuana, or be a distributor of
			 marijuana.
(3) Registration is
			 limited to one provider per household.
(4) A registration applies to only the person
			 and address on the certificate of registration and is not transferable to
			 another location or individual.
(5)
			 The registration is valid for a maximum of two years. The registration period
			 begins with the effective date shown on the certificate of registration. A
			 provider may not care for more than three (3) children, other than the
			 provider's own children, at any one time prior to receiving a certificate of
			 registration from CCLD.
(6) CCLD
			 registration records are open to the public on request. However, information
			 protected by state or federal law will not be disclosed.
(7) The name, address, telephone number, and
			 registration status of providers is public information. However, CCLD may
			 withhold from the public a provider's address and telephone number if the
			 provider makes a written request documenting that disclosure of the address
			 and/or telephone number would endanger him/her or a family member living in the
			 home (OAR 137-004-0800). The request must be on a form supplied by
			 CCLD.
(8) The provider shall
			 display the following near the entrance, or in some other area of the home
			 where they may be clearly viewed by parent(s) of children in care:
(a) The Certificate of Registration;
			 and
(b) Providers must post all
			 serious valid complaint and serious non-compliance letters for 12 calendar
			 months.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0040 - The Provider and Other Persons in the Home

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The registered provider and any
			 substitute provider shall:
(a) Be at least 18
			 years old,
(b) Have competence,
			 sound judgment and self-control when working with children, and
(c) Be mentally, physically and emotionally
			 capable of performing duties related to child care.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0055 - Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 person submits a new application for registration as a family child care
			 provider, CCLD shall, prior to approving the registration, receive evidence
			 from the person that the person has:
(a)
			 Completed the Family Child Care Overview session;
(b) A current certification in first aid and
			 infant and child CPR. CPR training must have practical hands-on instruction.
			 CPR courses that involve an on-line component with hands-on instruction may be
			 accepted. Strictly on-line CPR training is not acceptable.
(c) A current food handler certification
			 pursuant to ORS 624.570;
(d) Have completed a minimum of two hours of
			 training on child abuse and neglect that is specific to Oregon law;
(e) Completed Introduction to Child Care
			 Health & Safety Training; and
(f) Completed CCLD-approved safe sleep
			 training.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0065 - Children in Care

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A family
			 child care provider may care for a maximum of 10 children. This includes:
(a) All child care children, as defined in
			 OAR 414-205-0010(4);
(b) The
			 provider's own children, including foster children, age 9 years or
			 younger;
(c) Any other children age
			 12 years or younger for whom the provider is responsible; and
(d) Any child(ren) age 17 years or younger,
			 including the provider's own children, foster children, child care children or
			 other children for whom the provider is responsible, with special needs or
			 disabilities who require a level of care that is above normal for the child's
			 age.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0075 - Supervision of Children

Current through Register Vol. 63, No. 7, July 1, 2024
The provider or a substitute provider is responsible for the
				children in care. At all times the provider or substitute provider must:
(1) Be within sight or sound of all
			 children;
(2) Be aware of what each
			 child is doing;
(3) Be near enough
			 to children to respond when needed;
(4) Be physically present when there are
			 children under the age of 36 months playing outside; and
(5) Be physically present when
			 kindergarten-age or younger children are playing outside, unless the outside
			 play area is fully fenced and hazard free.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0085 - Guidance and Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider must have a written policy on guidance and discipline of child care
			 children. The policy must be simple and understandable to the child, the
			 parent(s) and to substitute providers.
(2) The written guidance and discipline
			 policy must be given to all parents.
(3) The guidance and discipline policy shall:
(a) Provide for positive guidance,
			 redirection and the setting of clear boundaries; and
(b) Be designed to help the child develop
			 self-control, self-esteem and respect for others.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0090 - Program of Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provider must give the children's needs first priority, assuring that they get
			 adequate care and attention.
(2)
			 Providers must make available activities, materials, and equipment for both
			 indoor and outdoor play that provide a variety of experiences geared to the
			 ages and abilities of the child(ren).
(3) The children's activities must allow
			 choice and develop skills based on each child's age and abilities.
(4) A balance of active and quiet play must
			 be provided, both indoors and outdoors.
(5) The provider must have routines for
			 eating, napping, diapering and toileting, with flexibility to respond to the
			 needs of each child.
(6) An
			 individual bed, mat or cot with individual bedding appropriate to the season
			 shall be provided at nap time for each toddler and preschool-age child in the
			 home and for each school-age child who wants to rest.
(a) Family beds or sofas may be used with
			 individual bedding appropriate to the season.
(b) If the parent(s) so request, siblings may
			 share the same bed.
(c) The upper
			 level of bunk beds shall not be used for children under ten years of
			 age.
(d) The upper level of bunk
			 beds may be used for children ten years or older if the bed rail and safety
			 ladder are in place.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0105 - Testing for Lead in Drinking Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "drinking
			 water faucet or fixture"
(a) means any
			 plumbing fixture on the premises used to obtain water for drinking, cooking,
			 preparing infant formula, or preparing food; and
(b) does not include any plumbing fixture
			 used to obtain water for handwashing, bathing, or diaper
			 changing.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0120 - Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pre-mixed
			 sanitizers and disinfectants that are EPA registered and meet Oregon Health
			 Authority criteria may be used in all areas of the home per manufacturer
			 instructions.
(2) Caregivers 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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0130 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following records, except those specified in OAR 414-205-0105(7)(a), shall be
			 kept by the provider for at least one year. These records shall be available at
			 all times to CCLD:
(a) Information from the
			 parent(s) for each child at the time of admission:
(A) Name and birth date of the
			 child;
(B) Any chronic health
			 problem(s), including allergies, the child has;
(C) Date child entered care;
(D) Names, work and home telephone numbers
			 and addresses, and the work hours of the parent(s) or legal
			 guardian(s);
(E) Name and telephone
			 number of person(s) to contact in an emergency;
(F) Name and telephone number of person(s) to
			 whom the child may be released;
(G)
			 The name of the school attended by the child care child; and
(H) Name, address and telephone number of the
			 child's doctor and dentist.
(I)
			 Health history of any problems that could affect the child's participation in
			 child care.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0140 - Night Care

Current through Register Vol. 63, No. 7, July 1, 2024
A provider providing night care must:
(1) Have a written plan for the care,
			 mutually agreed upon by the parent(s) and the provider;
(2) Have a written plan for emergency
			 situations occurring during the night, including how the evacuation route will
			 be illuminated;
(3) Be awake for
			 the arrival and departure of each child in night care; and
(4) Follow all other applicable Registration
			 rules.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0150 - Exceptions to Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider
			 may request an exception to a rule.
(a) An
			 exception must be requested on a form provided by CCLD;
(b) The provider must provide a justification
			 for the requested exception and an explanation of how the provider will ensure,
			 through safeguards or other conditions, the health, safety and well-being of
			 the children.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 205 - REGISTERED FAMILY CHILD CARE HOMES › Section 414-205-0160 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Child Care
			 Licensing Division will respond to complaints made on registered and illegal
			 providers, and will cooperate with law enforcement or other agencies in
			 response to allegations of child abuse or noncompliance.
(a) Any and all complaints may result in an
			 on-site assessment at the family child care home;
(b) All serious complaints will result in an
			 on-site assessment at the family child care home;
(c) Complaints alleging child abuse or
			 neglect will be reported to the Department of Human Services Child Welfare
			 (DHS) or local law enforcement agencies.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 300 › Section 414-300-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 300 › Section 414-300-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are available from the agency.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 300 › Section 414-300-0215

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 300 › Section 414-300-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  329A.250  - 329A.450 & 326.425
Statutes/Other Implemented: ORS
				  329A.250  - 329A.450
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and terms within these rules have the
				following meanings:
(1) "Activity
			 Area" means the area of the center that is available, during all the hours of
			 operation, for the children's activities. This area excludes but is not limited
			 to kitchens, hallways, toilet rooms, lockers, offices, storage areas, staff
			 room, furnace room, and the part of rooms occupied by stationary equipment and
			 fixtures not used by children.
(2)
			 "Applicant" means a person, business entity, or governing body who submits the
			 child care license application and in whose name the certificate will be
			 issued.
(3) "Attendance" means
			 children present in the care of the center at any given time.
(4) "Behavior and Guidance" means the on
			 going process of helping children develop self-control and assume
			 responsibility for their own behaviors and actions.
(5) "Business Day" means Monday through
			 Friday, but does not include any holiday as defined by ORS
			 187.010 and ORS
			 189.020, or any day that the
			 central office of CCLD is closed.
(6) "Capacity" means the total number of
			 children in care at the certified child care center or in care away from the
			 center at any one time.
(7)
			 "Caregiver" means any person in the center, who works directly with the
			 children, providing care, supervision, and guidance.
(8) "CBR" (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.
(a) "CBR Enrollment"
			 means approval for a 5 year period to be enrolled in the CBR following an
			 Oregon State Police criminal records check, child abuse and neglect records
			 check, checks of adult protective services and foster care certification, and
			 an FBI records check.
(b) "CBR
			 Conditional Enrollment" means temporary approval to be enrolled in the CBR
			 following an Oregon State Police records check and child abuse and neglect
			 records check but prior to receipt by CCLD of the results of the required FBI
			 records check.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0110 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0120 - Exemptions for Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0130 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 must submit an original and complete application for a certificate on the forms
			 provided by CCLD:
(a) For the initial
			 certificate;
(b) For the annual
			 renewal of the certificate;
(c)
			 Whenever there is a change of owner;
(d) Whenever the center moves to a new
			 location; or
(e) For increase of
			 capacity.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0140 - Issuance of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0150 - Certification Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0160 - Exceptions to Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center may request an exception to a rule on a form provided by CCLD
			 for a specified period of time when:
(a) A
			 requirement does not apply to the center; or
(b) The intent of the requirement can be met
			 by a method not specified in the applicable rule.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0200 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center must have written policies identified in 414-305-0200(2) (a-t)
			 and provide them to:
(a) Staff and volunteers
			 at the time of hire and when policies change; and
(b) Parents at the time of a child's
			 enrollment and when policies change.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0210 - Emergency Preparedness and Response

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center must have a written plan for emergency preparedness that
			 addresses evacuation, relocation, shelter-in-place and lockdown procedures, and
			 responding to medical emergencies and other incidents that center staff will
			 follow, unless otherwise instructed by emergency personnel. The plan must
			 identify a licensed physician, hospital, or clinic to be used for emergency
			 medical care.
(2) A certified child
			 care center's written plan must clearly define roles and responsibilities for
			 all staff in an emergency and identify the center's procedures for:
(a) Responding to a lost or missing
			 child;
(b) Ensuring that all
			 children in attendance are supervised and accounted for during and after an
			 emergency;
(c) Sounding an alarm
			 and alerting staff of the emergency;
(d) Responding to health and safety
			 emergencies or suspected abuse of children, staff, volunteers, or family
			 members occurring while they are on the premises of the center;
(e) Notifying emergency authorities,
			 including the poison control center, when necessary;
(f) Evacuating children to a designated safe
			 area or relocating children to alternate shelter. Designated safe areas and
			 alternate shelters must be a minimum of 50 feet from the building being
			 evacuated;
(g) Moving children to a
			 designated location in the center for sheltering-in-place and lockdown
			 emergencies;
(h) Responding to
			 natural and man-made disasters including power outages;
(i) Responding to serious illness, serious
			 injury or death of a child or staff;
(j) Responding to incidents involving a
			 hostile intruder;
(k) Addressing
			 the needs of individual children, including children with disabilities or other
			 specific needs, and children with chronic medical conditions;
(l) Ensuring children's emergency contact
			 information and medical authorization and staff emergency contact information
			 is accessible during and after an emergency;
(m) Notifying parents after the emergency
			 ends and how children will be reunited with their families as the evacuation,
			 relocation, or sheltering/lockdown is lifted;
(n) Maintaining continuity of care after a
			 natural or man-made disaster, including access to copies of records, documents,
			 and computer files necessary for continued operation stored in either a
			 portable file or at an off-site location; and
(o) Ensuring pool and swimming safety if
			 applicable (also see OAR 414-305-1300, Swimming).
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0220 - Children's Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center must obtain the following information for each child, in
			 paper or electronic format, prior to the first day of attendance that includes
			 the parent's signature:
(a) The child's name,
			 date of birth, and home address;
(b) Date the child entered care;
(c) Name(s), home and business address(es)
			 and telephone number(s) of the custodial parent(s) or legal
			 guardian(s);
(d) Name and contact
			 information of the person to be called in an emergency if the parent(s) cannot
			 be reached;
(e) Name and telephone
			 number of person(s) to whom the child may be released;
(f) The name and telephone number of the
			 school that the child attends, if applicable;
(g) Name and telephone number of child's
			 medical provider(s) or emergency care facility, if applicable;
(h) Immunization record or exemption that is
			 updated when the child receives additional vaccines (also see OAR 414305-0225
			 Immunizations);
(i) Authorization
			 to obtain emergency medical care and to transport the child for emergency
			 medical treatment;
(j)
			 Developmental and health history of any problems that could affect the child's
			 participation in child care;
(k) A
			 written care plan for any child must be readily accessible to those caring for
			 children with chronic health issues or specific care needs such as allergies,
			 previous serious illnesses or injuries, and medications prescribed for
			 continuous, long-term use (also see OAR 414-305-1050, Care of Children with
			 Specific Needs); and
(l)
			 Verification that parents have received a copy of the center
			 policies.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0225 - Immunizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center must comply with Oregon Health Authority's administrative
			 rules (see OAR 333-0500040) relating to the immunization of children. If a
			 child is enrolled in a public or private elementary school, immunizations are
			 not required to be documented by the child care facility.
(2) A certified child care center may provide
			 care for children who are in foster care or experiencing homelessness while
			 parents/guardians are taking necessary actions to comply with immunization
			 requirements of the center.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0230 - Parental Permissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 certified child care center must have the following current permissions from
			 parent(s) when applicable:
(a) Documentation
			 of permission for a person not listed in the child's records to pick up the
			 child that includes:
(A) Date and time of the
			 permission;
(B) Period of time the
			 permission is valid;
(C) Name of
			 the individual providing permission;
(D) Name of the individual permitted to pick
			 up the child; and
(E) Name of the
			 center staff receiving the permission.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0235 - Arrival and Departure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center shall require that any person bringing a child to the center
			 remain with the child until the child is accepted by staff.
(2) A certified child care center may only
			 release a child to a parent or another person named and identified by the
			 parent(s). A person picking up the child must show identification if not known
			 to staff.
(3) A certified child
			 care center must also be in compliance with OAR 414-305-0270  Notifications, OAR
			 414-3050230 Parental Permissions, and OAR 414-305-0200  Policies.
(4) If a school-age child has parental
			 permission to arrive or depart on their own (also see OAR 414-305-0230(1)(f),
			 Parental Permissions), a staff member must sign the child in or out, as
			 appropriate.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0240 - Staff Records

Current through Register Vol. 63, No. 7, July 1, 2024
A certified child care center must maintain current personnel
				records for each staff, in paper or electronic format, which include:
(1) Name, address and telephone number of
			 staff;
(2) Job title and
			 duties;
(3) Dates of first and last
			 days on the job;
(4) Emergency
			 contact information;
(5) Completed
			 employment application or resume;
(6) Evidence of education and qualifying work
			 experience showing that the person meets the qualifications for the
			 position;
(7) The CBR confirmation
			 letter sent from CCLD to a certified child care center. If a certified child
			 care center does not yet have a CBR confirmation letter for staff, a certified
			 child care center must have written documentation that the certified child care
			 center has verified with CCLD that the staff is enrolled in the CBR and linked
			 to the center. Documentation must include the date, time, and name of the CCLD
			 staff member the certified child care center spoke with;
(8) Current first aid and CPR training
			 certificate;
(9) Current food
			 handler certification, if applicable;
(10) Driving record, driver's license number
			 and expiration date if the person is to transport children;
(11) Evidence of participation in an
			 orientation; and
(12) A statement
			 signed and dated by the employee showing they have access to the center's
			 policies and the rules for the Certification of Child Care Centers.
Statutory/Other Authority: ORS
				  329A.260
Statutes/Other Implemented: ORS
				  329A.260
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0250 - Program Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center must maintain records that demonstrate compliance with all
			 rules for 2 years following the record's creation, such as parent permissions,
			 attendance records, emergency preparedness drills, and pet vaccinations. A
			 certified child care center must maintain staff and children's records for 2
			 years after termination of employment or care.
(a) A certified child care center may store
			 records off site that are older than 1 year but they must be made available
			 within 48 hours, upon request. A center must make all other records available
			 to CCLD at all times.
(b) A
			 certified child care center must have at least one staff member on site who can
			 access any records that are stored in paper or electronic formats.
(c) Electronic records must be portable for
			 use during an emergency evacuation.
(d) If using electronic records, the center
			 must have procedures in place to ensure prompt access, including an on- or
			 off-site electronic back-up method to ensure access in the event of data
			 loss.
(e) A certified child care
			 center must keep child and personnel records confidential and only available to
			 personnel as necessary, the individual child's parents, and CCLD
			 staff.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0260 - Items Available to View

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 certified child care center must post the following items in a prominent and
			 frequently visited location for the parents and public to view:
(a) All serious valid complaints and serious
			 non-compliance letters for 12 calendar months from the date of the letter; and
(b) A notice of any current or
			 pending legal sanctions posted immediately and while in effect, including
			 throughout any appeal period.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0270 - Notifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified child care center must notify
			 CCLD by 5:00pm the next business day of the following items:
(a) A change of director;
(b) A change in mailing address, when
			 different from the physical address;
(c) A change in phone number;
(d) A known legal action or child abuse or
			 neglect investigation, such as an arrest, criminal investigation or charge, or
			 Victim Protection Order, involving any person for which a certified child care
			 center is required to request a background check;
(e) An unscheduled temporary or permanent
			 center closure;
(f) Any occurrence,
			 including a natural disaster, that renders all or part of the certified child
			 care center unsafe or unsanitary for a child including disruption of utilities
			 or contaminated water;
(g) An
			 incident that exposes children to an imminent risk of harm, such as a child
			 leaving the center without the center's knowledge or being left alone on or off
			 site or in a vehicle;
(h) An animal
			 bite to an individual that occurs on site at any time or off site when
			 participating in center activities;
(i) An accident involving transportation,
			 unless there were no injuries and only minor damage to the vehicles;
(j) Any serious injury or incident involving
			 a child;
(k) A child who is given
			 the incorrect dosage of any medication;
(l) A child who took or received another
			 person's medication;
(m) The death
			 of a child or staff member that occurred on the premises of the
			 center;
(n) Other dangers or
			 incidents requiring emergency response such as a fire or temporarily relocating
			 children;
(o) Any time prohibited
			 discipline or prohibited actions occur (also see OAR 414-305-0710, Prohibited
			 Discipline and Actions); and
(p)
			 Any incident where physical restraint is used (also see OAR 414-305-0720,
			 Physical Restraint).
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 305 - CERTIFIED CHILD CARE CENTERS › Section 414-305-0300 - General Staffing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified
			 child care center must ensure that all staff, including persons not counted in
			 the staff-to-child ratio and volunteers:
(a)
			 Know and comply with certification rules;
(b) Recognize and act to correct hazards to
			 physical safety, both indoors and outdoors;
(c) Demonstrate good judgment as evidenced by
			 responsible behavior that reasonably ensures the health and safety of
			 children;
(d) Have not consumed nor
			 are under the influence of any substance that impairs their ability to care for
			 children.
"Under the influence" means observed abnormal behavior or
				impairments in mental or physical performance leading a reasonable person to
				believe the individual has used alcohol, any controlled substances (including
				lawfully prescribed and over-the-counter medications), marijuana or inhalants
				that impairs their performance of essential job function or creates a direct
				threat to child care children or others;
(e) Relate to children with courtesy,
			 respect, acceptance, and patience;
(f) Demonstrate realistic expectations for
			 behavior based on the age, abilities, and needs of children;
(g) Recognize and respect the uniqueness and
			 potential of all children, their families, and their cultures;
(h) Report suspected abuse, neglect, and
			 exploitation in accordance with Oregon law (also see OAR 414-305-0270,
			 Notifications); and
(i) Have the
			 required training and experience for the position they are filling.