Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES › Section 414-075-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and terms, when used in OAR 414-075-0000 through 414-075-0300, have the following meanings:
(1) "Certified Family Child Care Home" or
			 "CF" means a child care facility operated in a building designed as a single
			 family home or other dwelling that is certified to care for no more than 16
			 children at any one time.
(2)
			 "CCLD" means the Child Care Licensing Division in the Department of Early
			 Learning and Care.
(3) "Central
			 Background Registry" or "CBR" 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.
(4) "Child
			 Care Child" means any child six weeks of age or older and under 13 years of
			 age, or a child with special needs under the age of 18 who requires a level of
			 care that is greater than that of their same aged peers, for whom a licensed or
			 subsidized child care facility, or a facility for which a license is required,
			 or a license-exempt child care facility as defined in this rule, has
			 supervisory responsibility in the temporary absence of the parent.
(5) "Child Care Facility" means any facility
			 that provides child care to children, including a certified child care center,
			 certified school-aged child care center, certified family child care home, and
			 registered family child care home. It may include those known under a
			 descriptive name, such as nursery school, preschool, kindergarten, child play
			 school, before and after school care, or child development center, and does not
			 include license-exempt child care or exempt care, as defined in this rule. This
			 term applies to the total child care operation. It includes the physical
			 setting, equipment, staff, provider, program, and care of children. It does not
			 include a license-exempt child care facility as defined in this rule.
(6) "Child Abuse or Neglect" means as defined
			 as "abuse" in ORS 419B.005 including but not
			 limited to physical abuse, emotional abuse, sexual abuse, negligent treatment
			 or maltreatment, and threat of subjecting a child to a substantial risk of harm
			 to the child's health or welfare.
(7) "Child Protective Services" or "CPS"
			 means the program as defined in OAR 413-015-0115.
(8) "Civil Penalty" means a fine imposed by
			 CCLD for violation of one or more applicable rules or statutes.
(9) "Complaint" means written or verbal
			 information received from any source that a facility is providing or has
			 provided care in a manner potentially in violation of a state law or
			 administrative rule within the authority of CCLD.
(10) "Employee" means an individual engaged
			 to work full or part time in a facility. This includes all caregivers and any
			 individual who functions other than as a caregiver for children.
(11) "Exempt Care" is care provided by a
			 caregiver that is within an exception to the definition of "child care" in ORS
			 329A.250(b)(A) through
			 (H) or as otherwise provided by rule (see OAR
			 414-075-0250(17)(c)) and is not described in ORS
			 329A.250(4)(a)(A) or
			 (B).
(12) "Exempt Care Facility" means a facility
			 that provides only exempt care as defined in this rule.
(13) "Exempt Prohibited Individual" means an
			 individual who is by law prohibited to provide child care or exempt care,
			 except to children related to the individual by blood or marriage within the
			 fourth degree of sanguinity as determined by civil law, as defined in ORS
			 329A.252(1)(a) through
			 (e) and described in OAR 414-075-230. An
			 exempt prohibited individual is ineligible for enrollment in the Central
			 Background Registry except for limited enrollment as described in
			 414-061-0020(27)(b).
(14)
			 "Facility" means an individual, group of individuals, or entity that is caring
			 for or is alleged to be providing care for any child younger than 13 years or
			 younger than 18 years with special needs who requires a level of care that is
			 greater than that of their same-aged peers for whom the individual, group of
			 individuals, or entity has responsibility in the temporary absence of the
			 parent, legal guardian or custodian.
(15) "Family" for purposes of determining if
			 children are from the same family or if a child is in care by a member of the
			 child's extended family as referred to in OAR 414-075-0250  means a group of
			 individuals related by blood, marriage or adoption, or individuals whose
			 functional relationships, such as residing together, are similar to those found
			 in such associations.
(16)
			 "Finding" means a written determination by CCLD staff with respect to
			 information received, a complaint, or an observed noncompliance with a
			 requirement in ORS 329A.030 or ORS
			 329A.250 through
			 329A.500 or rules adopted by the
			 Early Learning Council pursuant to ORS
			 329A.030 or ORS
			 329A.250 through
			 329A.500.
(17) "For Cause" means that the reason for a
			 denial or nonrenewal of a license or enrollment in the CBR or the revocation of
			 a license or removal from the CBR was based on a determination that:
(a) With respect to a CBR application or
			 enrollment, an individual was found not suitable after a review of history,
			 including but not limited to criminal, child abuse and neglect, negative foster
			 care certification, or negative adult protective services history, and of
			 information related to the history; or
(b) With respect to a license, the licensee
			 failed or fails to meet licensing requirements and is or has operated in a
			 manner which is harmful to the health and safety or wellbeing to children. For
			 purposes of this rule, "harmful" means posing a risk of or actually causing
			 physical, emotional, or mental damage to child care children, and includes but
			 is not limited to any violation of:
(A) A
			 requirement designed to protect children from physical hazards;
(B) Applicable guidance and discipline rules
			 involving inappropriate punishment;
(C) A requirement to exclude from the
			 facility a person who has demonstrated behavior that may have a detrimental
			 effect on children;
(D) A
			 requirement to report suspected child abuse or neglect;
(E) A requirement involving safe sleep for
			 infants; or
(F) Applicable
			 supervision rules resulting in:
(i) A child
			 escaping the facility;
(ii) A child
			 being left behind from or on a field trip without supervision; or
(iii) A child being injured when the injury
			 could have been prevented with proper supervision.